City Attorney


Alert Notification chamber NWA Trails Explore Springdale

 

Hot Check Division

 

The Hot Check Division of the City Attorney's Office assists Springdale merchants and citizens in regaining lost monies due to receiving checks returned by financial institutions for insufficient balance or account closed status (hot checks).  This program also gives the hot check writer a chance to make good on his or her checks before the case actually goes to court.  The hot check program keeps abreast of current and new laws concerning checks and theft and helps educate the public on the growing problem of hot checks.  The year before the program started in 1988, less than $40,000.00 was being collected for the merchants of the City of Springdale.  In 2011, $149,220.25 was collected and paid to merchants and citizens of the City of Springdale who received hot checks.  In 2011, 1,263 hot checks were received by the Hot Check Division for prosecution.

It is a misdemeanor to write a hot check of $1,000 or less, and a person who receives such a check in the City of Springdale, can bring the check into the City Attorney's Office at 201 North Spring Street, Springdale, Arkansas.  Under Arkansas law, the following are not considered hot checks:

  • a check which is not marked "insufficient funds" or "account closed" by the bank on which the check was drawn;
  • a check that was given for a pre-existing debt (the writer was allowed to have credit);
  • a post dated check the merchant agreed to take;
  • a check the merchant agreed to hold to a later date, rather than present for payment on the next business day;
  • a check in which the writer stated or implied that the check would not be honored at the bank, but the merchant took the check anyway;
  • a check given for a partial payment on an account;
  • any other situation in which Arkansas law makes it a civil matter, rather than a violation of the Arkansas Hot Check Law.

When a hot check  is collected through our office, the merchant will receive the amount of the check, plus an additional $25.00 and bank charges, which is allowed to be collected by law.

If you should have any questions about the law or the Hot Check Division, contact Linda Brown, Hot Check Administrator, at (479) 750-8147.