Frequently Asked Questions

Q: Is it a theft check case or issuance of a bad check case?
​A: Under Texas law, a person commits a theft of property or services if that person unlawfully appropriates property or secures performance of a service from the owner by deception. Inducing an owner to give up property by giving the owner a check which the issuer knows will be dishonored by the bank qualifies as deception if the owner provided the goods in good faith reliance that the check would be honored by the bank on which it was drawn. The key under the law is that the owner must give the merchandise at the time the check writer gives the check. Furthermore, inducing a provider of services to provide services by giving the provider a check which the issuer knows will be dishonored by the bank qualifies as deception if the service provider provided those services in good faith reliance that the check would be honored by the bank on which it was drawn. Again, the key under the law is that the owner must provide the services at the time the check writer gives the check.
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​ Please note that the following types of checks do not qualify under this criterion:
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​1. Held Checks
​ 2. Post-Dated Checks
​3. Payroll Checks
​4. Checks for Debts Owed
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​In the case of a check like the ones listed above, the check writer may have committed the crime of Issuance of a Bad Check. If our office reviews the complaint and determines this is the case, we will file a Class C Misdemeanor with the Justice of the Peace in the precinct where the check was passed.