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Effective: Aug 10, 2015
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Notification to the Check Writer
The law requires us to be able to prove that the person intended to deprive you of your property or avoid payment for your services. Penal Code Section 31.06 (Presumption for Theft by Check) requires that you give written notice to a person who has given you a worthless check. This notice must be sent to the person by certified or registered mail with return receipt requested. The notice must contain the following statement: "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." The law also states that you must allow the person 10 days, from the date of receipt of the notice, to pay you in full. If the person fails to pay you in full after the 10 days, you may file a criminal complaint with the County Attorney's Office.   It is not a defense to prosecution that the check writer did not receive the notice. The law only requires you to send the notice. If the Postal Service is unable to deliver the notice or the check writer refuses to accept the notice, you may still file a criminal complaint with the County Attorney's Office.
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