Louisiana DA's 5th District

The District Attorney Worthless Check Division was created on September 1, 1985 and has collected over $4,799,868 in hot checks and fees since the inception of the program. Each of the parish District Attorney's offices handles all of the worthless checks for their particular parish. We have continually updated our computer programs and have made every effort to make our services convenient and as efficient as possible for our merchants and business people. This service is provided without cost to the merchants.

Alert and knowledgeable citizens are the first defense against all crimes - particularly worthless checks. If you have any questions, contact our office at one of the numbers or e-mail addresses listed in our "Office Locations" section. Remember, worthless checks can be controlled only with your help.

There are certain procedures you must follow before this office will accept a returned check for prosecution:

The check must be presented to the bank for payment, even if you know it will not be honored, and stamped by the bank with the reason for it's dishonor.

You must send written notification to the check writer informing him of the reason that the check was not honored. The written notice must be sent certified mail, return receipt requested. There is a sample letter in the hot check brochure* provided to you by our office. Be sure to keep a copy of your letter to the check writer.

If the check has not been paid after ten (10) days, you must bring or mail it to this office and furnish the following:

1. A "Worthless Check Report*" which has been completely filled in with information concerning the person accepting the check, as well as the person passing the check.

2) 2. The original worthless check (or the copy the bank sends back to you.)

3. The signed receipt from the certified letter or the correspondence (unopened) marked "refused" or "unclaimed" by the post office.

3) 4. A copy of your letter to the check writer.

* To obtain a copy of our hot check brochure containing the sample letter, the worthless check report and other information, please call or come by any of our offices listed on the "Office Locations" section.

When you bring in a check, it will be logged in and a search will be made to see if the maker has any other worthless check offenses pending. Your check will be combined with any previously filed offenses to expedite your restitution.

This office will notify the writer that a case is about to be filed against them. If restitution is not made, the writer must pay the $25 service charge and the processing fee, then a warrant will be issued for the arrest of the check writer. When the check writer is located, arrested and a bond is posted, then the case is handled through regular criminal court commencing with arraignment and going on through trial and sentencing, at which time restitution will be ordered by the court along with the assessment of a fine, court costs, and/or jail time.

The Worthless Check Fee Act was passed by the Legislature to defray some of the prosecution expense and require the worthless check writer to help bear the cost of this misdeed. Because of the worthless check fee, it may cost the issuer up to double the amount of the check. After filing, there could be additional expenses, including fines and court costs.

Hopefully, this web page explains the importance of your role in obtaining the necessary information to enable this office to control the worthless check problem and provide you with the restitution you deserve. If you have any questions or problems, please call or come by one of my criminal division offices listed under "Office Locations". The hot check program in Franklin Parish is handled by Cindy Vinson, in Richland Parish by Melissa Jones, and in West Carroll Parish by Bettye Howard. These ladies or an Assistant District Attorney will be glad to help in any way possible.