Justice of the Peace 5-1

Filing Instructions for Issuance of a Bad Check

East Dallas Government Center – 3443 St. Francis Avenue, Dallas, Texas 75228
(214) 943-6980 Main • (214) 943-2871 Fax
Office E-mail: JP51Court@dallascounty.org
Hours of Operation 8:00am - 4:00pm, Monday - Friday
Se Habla Español

NEW CIVIL COURT COST EFFECTIVE SEPTEMBER 1, 2013

HB 2302 imposes a new $10 fee on all civil action or proceedings including counterclaims, cross-action, interpleader, and appeals. Most court costs/fees go into effect on January 1 the next year, but there is hidden language in this bill which states that 51.607 of the Government Code does NOT apply to this fee, and therefore, it shall be collected starting on the effective date of the bill, which is September 1, 2013.


Where to File Issuance of Bad Check (IBC) Complaints:

The complaint form, which is available on this web site for your convenience, must now be filed with the office of the Dallas County District Attorney at the following address:

DISTRICT ATTORNEY’S CHECK DIVISION

Located on the 11TH floor of the
FRANK CROWLEY COURTS BUILDING
133 N. RIVERFRONT BLVD., LB 19
DALLAS, TEXAS 75207-4399
214-653-3672
MONDAY-FRIDAY
8:00a.m. to 4:30p.m.

Why do you have to file with the DA’s office?

IBC cases must be brought to trial in the Justice of the Peace Precinct where either the offense took place or the defendant resides. In the past it has been very convenient, efficient, and effective, for merchants and other victims of the offense of Issuance of Bad Check, to file directly with the office of the Justice of the Peace where the case has to be tried. However, if the complaint originates in the office of the District Attorney, the DA can add an additional fee to the defendant’s fine that directly benefits the office of the District Attorney, as allowed by the Texas Code of Criminal Procedure. When the complaint originated in the office of the Justice of the Peace Court, this fee could neither be assessed nor collected.

In 2005, the Texas legislature passed a new law, for only Dallas and Harris Counties, requiring that IBC complaints must now originate with the District Attorney’s office in their respective counties. If the case goes to trial, it must still go to the Justice of the Peace Precinct where either the offense took place or the defendant resides.

Therefore, after September 1, 2005, for Dallas and Harris Counties only, all complaints for the offense of Issuance of Bad Check (IBC) must originate in the office of the District Attorney (DA). These cases can no longer originate in the office of the nearby Justice of the Peace.