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Justice of the Peace Bad (Hot) Check Cases
A major jurisdiction of our court is the criminal act of Issuance of Bad Checks (Hot Checks). Each year, many defective checks are written, and this criminal action has a significant negative impact on the lives and businesses of our community.

There are essentiall two situations involving the issuing of a bad check which are punshable by the law.

  1. Issuance of a Bad Check:
    If a person issues or passes a check knowing that they did not have sufficient funds on deposit with the bank to cover the check an any other check that was outstanding at the time the check was issued.
  2. Theft by Check:
    In general, it is a theft for a person to take property from its owner by issuing or passing a check when that person knew or should have known that there were not sufficient funds on deposit with the bank for the payment in full of the check as well as all of the other checks that the person had outstanding at the time.
    Theft by check is a Class C misdemeanor if the property stolen is valued at less than $20.
Smith County Texas
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