Dallas Theft By Check Attorney

Under Texas law, theft by check occurs when a person writes a check in exchange for property, and the check is dishonored (i.e., usually either due to insufficient funds in the account, or because the bank account has been closed).  In this situation, the hot check writer has the opportunity to cure the problem prior to having bad check charges filed against him.  The person receiving the hot check must notify the person who issued the check, in writing, and give him or her a chance to make good on the check.  After receiving notice, the person who is alleged to have written the check has ten days to make restitution to the person to whom the check was written.  If restitution is not made, the law creates a presumption that the person writing the check did so with the intent to defraud the person to whom the check was written, and criminal charges may be filed.