7 year old NSF payday loan check

by Robin
(Waco, TX, USA)

Can you be made to pay for a check that was written in 2003, for $900?

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Apr 27, 2010
NSF check in Texas
by: Gerri

If I understand your question correctly, you wrote a check to pay off a payday loan and it bounced. Is that correct?

If so, then it's no longer simply a debt collection question. Most states have laws that specifically address bad checks. According to my research, the Texas law states the following information.

(But before you panic, please keep in mind that I am not an attorney, and there may be additional information that applies in your situation. Fortunately, in Texas, there is an outstanding organization that provides free help to Texas citizens: The Consumer Complaint Center (www.texasccc.com). I would encourage you to give them a call.)

Here is the information I found about bounced checks in Texas:

The Offenses of Issuance of Bad Check and Theft by Check

Issuance of Bad Check, Section 32.41 of the Texas Penal Code

The offense of "issuance of bad check" is a Class C misdemeanor.

It is a crime for a person to issue or pass a check knowing that the person did not have sufficient funds on deposit with the bank to cover the check and any other check that was outstanding at the time the check was issued. The law presumes that the person knew that the check was bad if (i) the person had no account with the bank at the time of issuing the check, or (ii) the person failed to pay the check within ten (10) days after receiving notice that the check was returned for "insufficient funds."

Notice that payment was refused by the bank for insufficient funds may be actual notice, or notice in writing, sent by registered or certified mail with return receipt requested, or by telegram with report of delivery requested, addressed to the person who issued the check at (a) the address shown on the check, (b) the address shown on the records of the bank, or (c) the address shown on the records of the person to whom the check was given. The notice must contain 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."

Your district attorney's office should be able to provide you with details as well.

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