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Important Information for Merchants: Statute of limitations on checks is 2 years.
In Texas, the statutes of limitations on theft crimes are fairly straightforward: Misdemeanor theft: 2 years. Felony theft: 3 ? 5 years. Theft by fiduciary: 10 years.
The offense of "issuance of bad check" is a Class C misdemeanor. It is a crime for a person to issue or pass a check knowing that the person did not have sufficient funds on deposit with the bank to cover the check and any other check that was outstanding at the time the check was issued.
Texas Penal Code Section 32.41 prohibits the issuance of a bad check. Section 32.41 provides that ?[a] person commits an offense if he issues or passes a check ? for the payment of money knowing that the issuer does not have sufficient funds in or on deposit with the bank.? Tex. Penal Code Ann. § 32.41(a) (2008).
But whether you'll face criminal penalties can depend on the laws in your state and if you cashed a bad check intentionally. If you are the victim of a scam and deposited a bad check in good faith, you're unlikely to face criminal charges. But if you knowingly deposited a check, you might face fines and jail time.
Issuing a bad check is considered a class C misdemeanor in Texas, which is punishable by a fine of up to $500. The crime can be enhanced to a class B misdemeanor if the check was in relation to a child support payment for which the issuer had an obligation to pay under a court order.
Class A Misdemeanor: if the value of the check is $750.00 or more but less than $2,500.00; punishable by a fine not to exceed $4,000.00 or 1 yr. in jail or both. All checks that exceed $2,500.00 are Felonies and are referred to the District Attorney's Office.
The statute of limitations for filing a misdemeanor case on a hot check is two years.