Legal Question in Criminal Law in Texas
Electronic Checks
I recently authorized a check over the phone to pay off a settlement through a collection agency. The electronic check did not go through. Can I get sued by the collections agency for a bad check?
1 Answer from Attorneys
Re: Electronic Checks
I assume you mean that there were insufficient funds in your account to cover the check. The payee may seek to charge you with a crime if you do not make good on the check after receiving notice to pay within 10 days. The payee may also seek to recover additonal handling fees. You can be charged with a Class B misdemeanor if the check was for $20-$500; a Class A misdemeanor if the check was for $500.01-$1500; and up to a 3rd degree felony if the amount of the check was for more than $1500. In addition, the payee may file a civil suit to collect amounts owed plus any costs associated with collecting, plus attorney's fees.
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