Legal Question in Criminal Law in Texas

Theft by receiving? That is when a person receives property they know to be stolen.

If you are in violation of your contract with them, then you need to read the contract carefully to see what the result could be. You are probably supposed to return the item upon demand. If you do not, then you could be charged with theft. Some police departments might not get involved and would call the situation a civil matter but others might charge you.

Threatening criminal prosecution to collect a debt may be a violation of the Texas or Federal debt collection practices statute. You should consult a consumer lawyer with the facts of your case to see how this affects your situation.

Most theft convictions result in probation, unless the theft is a very large amount or there are enough prior theft convictions to enable the state to enhance a misdemeanor theft to a state jail felony.

One of the conditions of any theft conviction is restitution.

Threatening to put someone in jail for failure to pay a debt may be a violation of the Federal Fair Debt Collection Act. The contract for the debt is the guiding document for this situation. The contract should be read thoroughly. If the contract has a clause that states that the item should be returned upon demand, this could create a theft offense. Many jurisdictions would consider it to be a civil matter and will not get involved in filing criminal charges. Many district attorney's offices resent companies using them for debt collection.