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NSF and Stop Payment Checks

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David Hankins

Thread Starter
Freshman Member
Joined
Jun 5, 2007
Professional Status
Certified Residential Appraiser
State
Texas
I just found in the Texas Penal Code, in (Sec. 31.06. Presumption: Theft By Check), about "stop payment" checks. Iv'e got a couple of checks from homeowners that have stopped payment and thought I was screwed and had to go to civil court. All you have to do is send a demand letter (just like an NSF check). All TEXAS requires is this statement included in the letter.
"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."

Hope this helps someone!
 

James R

Junior Member
Joined
Oct 30, 2006
Professional Status
Certified Residential Appraiser
State
Texas
That is very helpful. Is there a time limit for when you can send the letter? I have one from a couple months ago that I need to send.
 
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