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The definition of “theft by check” in Texas

On Behalf of | Feb 24, 2022 | Theft |

There are different forms of theft in Texas besides identity theft. “Theft by check” involves stealing by writing a useless check. In this state, the check issuer has a certain amount of time to remedy the situation before it becomes a crime.

The meaning of check fraud

Theft by check occurs when a check payment is issued, but the writer is found to lack sufficient funds in his or her bank to cover the payment. The act is classified as a crime and proves an intent to commit theft against the receiver of the check. This is also known as “writing a bad check” or “bouncing a check.”

In some theft cases, the person who writes the check has no account with the issuing bank. Other times, the payment contains insufficient funds for at least 30 days after the check was issued. The check issuer may fail to cover the loss of the invalid check within 10 days of receiving notice.

This notice for a denied check has to be made in writing and sent to the check issuer’s address. The full payment has to be made within 10 days, or else a crime of theft will be suspected. The bounced check can be used as a form of direct evidence that the issuer acted irresponsibly.

Protecting consumers from check fraud

In some cases, check issuers do not intend to write bad checks and don’t know that their bank accounts have insufficient funds. They are given a 10-day notice to remedy the situation. After that time period, the receiver of the invalid check has the right to pursue a civil and criminal case against the issuer.