Below is the text of a sample notice letter that would need to be modified to fit the specifics of your complaint. In all cases, except “ACCOUNT CLOSED” or “NO ACCOUNT FOUND” the notice letter must be sent via certified or registered mail return receipt requested or first class mail with an affidavit of service attached.
Also, note the paragraph beginning, “This is a demand for payment…. This is statutorily required to be included in the letter by Texas Penal Code Sec. 31.06. Failure to include this paragraph will result in the need to begin the required notice process all over. This paragraph must be included in its entirety and not altered or changed in any manner.
You may use the wording below and replace it with your own information, or click here for a fillable Notice Letter (.pdf form).
Sample Notice Letter
Mr. John Doe
1401 Bandit Trail
Somewhere, TX 12345
RE: Returned “NSF” Check
Dear Mr. Doe:
The check(s) which you presented me for the icemaker which you purchased on April 1,
2011, drawn on the Somewhere State Bank in the amount of $156.00, has been returned by your bank marked, “NSF”.
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.
Therefore, you have 10 business days from receipt of this letter to present payment in the form of cash, money order or certified check for this check or the matter will be referred to the Fannin County Criminal District Attorney’s Office.