Legal Question in Business Law in Texas

Re: bad checks that were post dated

I used to prosecute bad check writers. Send the a certified letter giving him 10 days to make good on the checks and any service fees you may want to charge (up to $35 per check). After the 10 days expire, take the checks and your return receipt green cards to the appropriate prosecutor (DA or CA). Depending on your county, the prosecutor's office may then make another attempt to collect the funds for you. Bexar and El Paso counties collect millions for merchants every year. If the check writer does not pay, criminal charges will be filed. Apart from other penalties, a court is likely to include restitution to you as part of punishment. You should know that post dated checks are difficult to prosecute. The state must prove that the writer issued a check with knowledge that there were insufficient funds to cover the amount. This is harder to do with post dated checks because the payee accepts the fact that, at issuance, there were insufficient funds. Don't take post dated checks. Good luck.

Re: bad checks that were post dated

Take the checks to the DA's office to see if they will prosecute. It might be a felony. Sometimes they do not want to prosecute, so you would have to sue the bad check writer.