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Debt Recovery, Collection, Commercial | Houston, TX, National | debt recovery, debt collections, houston, manvel, texas, tx, nationally, bad checks, retail collections, commercial, deficiency loans, Home Loans, Car Loans, Consumer Loans

Relieve yourself of past due accounts by letting Simmons & Sons Recovery in Houston, Texas, handle your debt recovery and collections.

Texas Bad Check Laws

Brush up on your Texas bad check laws to make sure your company is protected with our business in Manvel, Texas. Contact us today at (877) 641-6363 so we can answer any questions you may have.

Sec. 32.41 Issuance of Bad Check
(A) A person commits an offense if he issues or passes a 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 for the payment in full of the check or order as well as all other 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 purpose of this section, the issuer's knowledge of insufficient funds is presumed (except in the case of a postdated check or order) if:
(1) He had no account with the bank at the time he issued the check or order; or
(2) Payment was refunded by the 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) [amended 9/1/95] Notice for purpose 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 check or order
(b) The records of the bank; or
(c) The records of the person to whom the check/order has been issued or passed
(3) Contains the following statement: "This is a demand for payment in full for a check or order not paid because of a lack of funds or insufficient funds. If you fail to make payment in full within 10 days after the date of receipt of this notice, the failure to pay creates a presumption for committing an offense, and this matter may be referred for criminal prosecution.

(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 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) [amended 9/1/97] Except as otherwise provided by this subsection, an offense under this section is a Class C misdemeanor. If the 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) Offenses of this section are not lesser than an offense under Section 31.03 or 31.04.