My understanding is that in Travis county, a bounced check for <$500 is a misdemeanor, while a bounced check for >$500 is considered a felony. Well, one of my tenants bounced a check for her rent of $1050. She has also failed to pay rent since. I'm already filing for eviction, but was wondering if I can "up the anti" against her and threaten with the "Theft By Check" to entice her to pay. What kind of penalties would she get? Also, if'/when this goes to small claims court, is there any way to actually enforce the rulings in a small claims court? Or am I basically just going to ruin her credit and make it difficult for her to rent in the future (eviction on her record)? Basically, I'm trying to find out if there is any way for me to get some of my $$$ back.
Call the County Attorney's office. If you got the check, a Travis County bank check, the driver's license #, verified information, etc. you can file with the County Attorney. They will send the offender a certified letter, I believe, then issue an arrest warrant for the person. They won't go out and arrest the person, but the next time they get stopped for a traffic violation or such, they will get arrested, and won't be released until you get paid. You will probably eventually get a check from the County Attorney's office for the funds owed you. Don't threaten the people, just go file on them. Today. I think there is a 30 day limit.
OK, I'm on it. Also, if there are two people listed on the check as co-account owners (and they are both tenants) than both of these people are liable, right? So hopefully they'll both get warrants.
this is for bell county, the signer of the check gets prosecuted if you take it to the attorney within 30 days of the date on the check they put out the warrant out immediately if its later than 30 days you have to send the person who wrote the check a certified letter in a format that the attorney provides for you after you get back your receipt on the certified letter then you take that and the check to the attorney and they put a warrant out they collect for you the amount of the check and a 30 dollar per check fee from the person who wrote it
As I recall, the County Attorney's office will give you a packet of information on what to do-you may have to send the registered letter first. But they will be helpful in telling you the legal way to accomplish the filing.
