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1. What is a violation of the Arkansas Hot Check Law and how does the City Prosecutor handle these violations?

When the Hot Check Office receives a check, a letter will be mailed to the check writer giving them 10 days to pay the check or 10 days to make arrangements to pay the check. If a check is not paid an arrest warrant will be issued for the individual who signed the check. The check writer will need to pay the restitution and appear in court. The check will need to be paid with a money order or cashier's check made out to the City of Fayetteville.

2. Who can use the Hot Check Office?

Any merchant or citizen in the city limits of Fayetteville who receives a check for $1,000 or less that is stamped by the bank "Insufficient" or "Account Closed" may bring the bad check to the Fayetteville Hot Check Office.

3. What steps can my business take to avoid receiving a worthless or hot check?

There are several things you can require at the time you take a check at your business, such as a driver's license (compare photo and signatures to the check writer), a date of birth, and a high check number (many bad checks are numbered below 500). Watch for checks with an out-of-state business or banking facility, checks with a typed name in the upper left hand corner, or checks with a P.O. Box rather than a permanent address.

Be careful of rebate checks, make sure numerical and written amounts agree, and confirm that the date of the check is for the same day you received it. Employees should be trained on all these. It's also good practice to set limits and refuse checks you have any doubt about.

4. My business has received a bad check. What should I do?

If you receive a bad check, there are several things you can do immediately. First, send it through the bank a second time. If the check is still insufficient, attempt to contact the check writer and give a time limit on payment. If these methods don't work, you may sign a complaint at the City Prosecutor's Office and they will handle it from there.

Once it has reached this step, do not accept any money on the checks turned over to this office. The check writer must pay through the Hot Check Office. Hot Check Information

5. What happens after I file a complaint with the Hot Check Office?

A "demand to pay" letter will be sent to the check writer. If there is no response to the letter within 15 days, a warrant will be issued and the check writer will be arrested. The judge or City Prosecutor will settle the case.

6. What money is collected for merchants who receive a hot check?

We collect a $30 service charge above the face value of the check for you.

7. What is the amount for a felony hot check?

Any bad check in excess of $1,000 is considered to be a felony offense. Several checks written within a 90-day period that total over $1,000 may constitute a felony. Our office will send the checks to the County Prosecutor once we determine that the writer is a felony check writer.

8. Can all checks that are returned be prosecuted as a hot check?

There are several types of checks that are not possible to prosecute under the Violation of Arkansas Hot Check Law. You can find a listing of these in our information regarding hot checks.
Hot Check Information

9. I think the check that I received was a forgery. What should I do?

Take a forged check to the Detective Division of the Fayetteville Police Department for investigation if the check is written in the City of Fayetteville. All forged checks are felonies, even if the amount is under $1000.

10. How do I pay my hot check?

If you have received a Hot Check Notice from the Fayetteville Billing and Collections Division or the City Prosecutor, you may pay with cash, credit / debit card or money order, along with your notice to the cashier at the Water Department. You may also mail a money order to the address on the notice, along with a copy of the notice.

11. Where do I file a complaint for a felony hot check?

You can file a complaint at:
Washington County Prosecuting Attorney
280 N College
Suite 300
Fayetteville, AR 72701

For questions, please call 479-444-1570.