Texas 10-Day Demand Letter: Contents, Deadlines, and Next Steps

In Texas, a 10-day demand letter for a bounced check is the written notice you send a check writer under Penal Code Sections 32.41 and 31.06 warning that if they do not pay in full within 10 days of receiving the notice, the law will presume they knew the check was bad when they wrote it.¹² That presumption is what makes the letter matter. It opens the door to criminal prosecution and strengthens your civil case. Skip the letter, or send one that leaves out what the statute requires, and you lose that leverage.

What the Letter Must Contain

Texas does not let you draft this from scratch. Sections 32.41 and 31.06 specify language that has to appear in the notice:

“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.”¹

Around that required paragraph, include the details that identify the debt so the recipient cannot claim confusion:

The check number, the date written, and the face amount.
The bank that refused the check.
The total you are demanding, which can include a processing fee of up to $30 under Business and Commerce Code Section 3.506.³
How you want to be paid (cashier’s check, money order, or another method you will accept).
Your name and return address, and the recipient’s full name and address.

Keep a copy of the letter and everything you send with it. If this ends up in front of a prosecutor or a judge, you will need to show exactly what the check writer received.

How to Send It

You do not have to use certified mail, though many people assume otherwise. The statute gives you two options. You can send the notice by registered or certified mail with return receipt requested, or you can send it by regular first class mail and back it up with a sworn affidavit of service stating when and where you mailed it.¹

Certified mail is usually the cleaner choice. The green return card gives you a signature and a delivery date without any extra paperwork. First class mail works, but you take on the burden of preparing the affidavit.

Address the letter to the check writer at one of three places: the address printed on the check, the address in the bank’s records, or the address you have on file for that person.² You do not have to prove the person actually opened it. Properly mailed notice is enough.

When the 10 Days Start and End

The clock starts on receipt, not on mailing. With certified mail, that date is on the green card. With first class mail, the law presumes delivery no later than five days after you send it, so day one of the 10-day window is day five after mailing at the latest.¹ That five-day presumption is what saves you if the letter comes back unclaimed.

There is also a front-end timing rule that catches people off guard. The bank must have refused the check within 30 days of the date it was written for the statutory presumption to apply.¹ If a check sat in your drawer for two months before you tried to deposit it, the bad-check statute will not help you even if the check bounces. Deposit checks quickly.

What You Can Do After 10 Days

Once the 10 days run without payment, two tracks open. They are separate, and you can pursue both.

Filing a Criminal Complaint

Take your evidence to local law enforcement or your county attorney. Many Texas counties run a dedicated hot check division that handles nothing else. Two statutes are in play:

Issuance of a bad check under Penal Code 32.41 is a Class C misdemeanor, or a Class B misdemeanor if the check was for child support.¹
If the check was used to obtain property or services, the 10-day non-payment creates prima facie evidence of intent to steal under Penal Code 31.06, and the charge becomes theft by check. The offense level tracks the dollar amount involved.²

The check writer can still pay after a complaint is filed. Restitution then runs through the prosecutor’s office, or with court approval through law enforcement.¹

Suing to Recover the Money

On the civil side, you can sue for the face amount of the check plus the $30 processing fee allowed by Business and Commerce Code Section 3.506.³ Claims up to $20,000 belong in justice court, which is the Texas equivalent of small claims.⁴

If the check was payment on a written or oral contract, Civil Practice and Remedies Code Section 38.001 lets you recover reasonable attorney’s fees on top of the debt. The statute requires presenting the claim and giving the other side time to pay before suing, and a properly sent 10-day demand letter satisfies that requirement.⁵

When the 10-Day Rule Does Not Apply

This letter is specific to dishonored checks. If someone owes you money for a broken contract, an unpaid invoice, or property damage, no Texas statute requires a 10-day notice, and the bad-check presumptions do not help you. A demand letter is still a good idea in those situations, but the deadline and language are up to you.

Federal rules can also change the picture. If you hire a collection agency or attorney to pursue the debt on your behalf, the Fair Debt Collection Practices Act applies to that third party and imposes its own written-notice and disclosure requirements. It does not apply when you send the demand letter yourself to collect your own debt, and it does not cover business-to-business debts.⁶ One rule worth carrying over in either case: do not threaten a lawsuit or criminal prosecution you are not actually prepared to pursue.⁷

1
State of Texas. Texas Penal Code 32.41 – Issuance of Bad Check
2
State of Texas. Texas Penal Code 31.06 – Presumption for Theft by Check or Similar Sight Order
3
Legal Information Institute. 43 Texas Administrative Code 209.2 – Charges for Dishonored Payment Device
4
Texas State Law Library. How Much Can I Sue for in a Small Claims Court
5
State of Texas. Texas Civil Practice and Remedies Code 38.001 – Recovery of Attorneys Fees
6
Consumer Financial Protection Bureau. What Information Does a Debt Collector Have to Give Me About the Debt
7
Office of the Law Revision Counsel. 15 USC 1692e – False or Misleading Representations