Texas Notice of Bad Check or NSF Check - Civil Laws
This is a Notice of Bad Check or NSF Check - Civil. A "dishonored check" (also known as a "bounced check" or "bad check") is a Bad Check or NSF check which the bank will not pay because there is no such checking account, or there are insufficient funds in the account to pay the Bad Check or NSF check. In order to attempt the greatest possible recovery on a Bad Check or NSF check, the business owner, or any other person given a Bad Check or NSF check, may be required by state law to notify the debtor that the Bad Check or NSF check was dishonored.
Texas Bad Check Law Summary - Texas Notice of Bad Check or NSF Check - Civil Laws
Texas Bad Check Law Summary
Notice of Bad Check or NSF Check
Note: This summary is not intended to be an all inclusive summary of the Texas bad check laws, but does contain basic and other provisions.
PENAL CODE
TITLE 7. OFFENSES AGAINST PROPERTY
CHAPTER 32. FRAUD
SUBCHAPTER D. OTHER DECEPTIVE PRACTICES
§ 32.41 PENAL. Issuance of Bad bad check or NSF check
(a) A person commits an offense if he issues or passes a bad check or NSF check
or similar sight order for the payment of money knowing that the issuer does not
have sufficient funds in or on deposit with the bank or other drawee for the
payment in full of the bad check or NSF check or order as well as all other bad
check or NSF checks or orders outstanding at the time of issuance.
(b) This section does not prevent the prosecution from establishing the required
knowledge by direct evidence; however, for purposes of this section, the
issuer's knowledge of insufficient funds is presumed (except in the case of a
postdated bad check or NSF check or order) if: (1) he had no account with the
bank or other drawee at the time he issued the bad check or NSF check or order;
or
(2) payment was refused by the bank or other drawee for lack of funds or
insufficient funds on presentation within 30 days after issue and the issuer
failed to pay the holder in full within 10 days after receiving notice of that
refusal. (c) Notice for purposes of Subsection (b)(2) may be actual notice or
notice in writing that: (1) is sent by registered or certified mail with return
receipt requested, by telegram with report of delivery requested, or by first
class mail if the letter was returned unopened with markings indicating that the
address is incorrect and that there is no current forwarding order;
(2) is addressed to the issuer at his address shown on: (A) the bad check or NSF
check or order;
(B) the records of the bank or other drawee; or
(C) the records of the person to whom the bad check or NSF check or order has
been issued or passed; and (3) contains the following statement:
(d) If notice is given in accordance with Subsection (c), it is presumed that
the notice was received no later than five days after it was sent.
(e) A person charged with an offense under this section may make restitution for
the bad bad check or NSF checks. Restitution shall be made through the
prosecutor's office if collection and processing were initiated through that
office. In other cases restitution may, with the approval of the court in which
the offense is filed, be made through the court.
(f) Except as otherwise provided by this subsection, an offense under this
section is a Class C misdemeanor. If the bad check or NSF check or similar sight
order that was issued or passed was for a child support payment the obligation
for which is established under a court order, the offense is a Class B
misdemeanor.
(g) An offense under this section is not a lesser included offense of an offense
under Section 31.03 PENAL or 31.04 PENAL.