Checks that are stamped by the bank “account closed” or “insufficient funds” that were received in Fort Bend county in exchange for goods or services which the check writer received at the time the check was written may be prosecuted as theft if it can be proven the check writer intended to steal the goods or services. The key is the check must be received at the time the goods or services are provided. These checks are handled by the District Attorney’s Office.
Please note the following do not qualify for prosecution as theft: held checks, post-dated checks, checks to repay a debt, checks given as a deposit, and payroll checks. Checks that cannot be prosecuted as theft may be prosecuted as issuance of a bad check. These checks are handled by the Justice Courts.