Bad Check (Returned / Bounced) in Texas: Small Claims Court Process
This page describes the Texas small claims court process for collecting on a dishonored (bounced) check. Under Texas Business & Commerce Code Section 3.506, the holder of a returned check may recover the face amount of the check plus a processing fee of up to $30. If you prevail in court, you may also recover attorney's fees under Texas Civil Practice & Remedies Code Section 38.001. This page is informational — it describes the process and what Texas law states. It is not legal advice.
Common Situations
- A check received as payment for goods or services was returned by the bank as insufficient funds
- A check was returned because the account was closed
- A stop payment was placed on a check without a valid dispute about the underlying transaction
- A tenant's rent check was returned unpaid
- A check received in a private sale was returned by the bank
Your Options
Send a demand notice
Sending a written 10-day demand notice to the check writer is strongly recommended before filing in court. It creates a paper trail, gives the check writer an opportunity to pay, and is relevant to the criminal presumption under Texas Penal Code Section 32.41 — failure to pay within 10 days of receiving notice creates a presumption the issuer acted knowingly.
Flash Justice: Flash Justice provides a free demand letter template for bad check claims.
File in Texas small claims court
Texas Justice Court handles bad check claims up to $20,000. You may file a civil petition to recover the face amount of the check plus a processing fee of up to $30 under Texas Business & Commerce Code Section 3.506. If you prevail, you may also recover attorney's fees.
Flash Justice: Flash Justice prepares your JP Court petition and documentation package so you can file at your local courthouse.
Report to the local district attorney (criminal referral)
Writing a bad check in Texas may be a criminal offense under Texas Penal Code Section 32.41. Some counties have hot check units in the District Attorney's office that handle criminal bad check referrals. This is separate from your civil claim.
Flash Justice: Flash Justice does not handle criminal referrals — contact your local DA's office for information on their hot check program.
Documentation Courts Typically Request
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Flash Justice helps you prepare your Texas small claims court petition and documentation package.
The Filing Process
Texas Legal Context
Texas Business & Commerce Code Section 3.506 governs the civil processing fee for dishonored checks — the holder may recover the face amount plus a processing fee of up to $30. Texas Civil Practice & Remedies Code Section 38.001 allows recovery of attorney's fees if you prevail in a suit on a check. Texas Penal Code Section 32.41 makes it a criminal offense to knowingly issue a check when the account has insufficient funds; failure to pay within 10 days of written notice creates a statutory presumption of knowing conduct. Texas does not have a civil treble damages statute for bad checks.
Texas Justice Court handles civil disputes up to $20,000 (excluding statutory interest and court costs).
Civil claims based on a dishonored check in Texas are generally subject to a 4-year statute of limitations. This is a general reference — consult official Texas courts resources or a licensed attorney.
File in the Justice Court in the county where the check writer resides or where the check was presented. Find your county's JP Court at txcourts.gov.
Important Notes
- Sending a written demand notice before filing is strongly recommended — it creates the paper trail needed for court and starts the 10-day period relevant to the criminal presumption under Texas Penal Code Section 32.41.
- Send the demand notice via certified mail — this documents that notice was properly given.
- Keep the original returned check safe throughout the process — it is your primary evidence.
- Flash Justice helps you prepare your court filing — the judge makes all legal determinations.
Frequently Asked Questions
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Flash Justice helps you prepare your Texas small claims court petition and documentation package — so you can file at your local Justice Court with everything in order.
This guide is for general informational purposes only and does not constitute legal advice. Flash Justice is not a law firm and does not provide legal representation. The information on this page reflects general Texas small claims court procedures and may not apply to your specific situation. For legal advice about your case, consult a licensed Texas attorney.