Tarrant County District Attorney -- Tim Curry

Set out below is the text of a sample notice letter that needs to be modified to fit the specific facts relating to 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…”, is statutorily required to be included in the letter by Texas Penal Code Sec. 31.06. The 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.

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, 2009, 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 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 Tarrant County Criminal District Attorney's Office.

Sincerely,

Download Affidavit of Service by Mail

Affidavit

AFFIDAVIT OF SERVICE BY MAIL

State of Texas

County of Tarrant

__________________________________, being first duly sworn on oath, deposes and states that he/she is at least eighteen (18) years of age and that on

_________________, 200_, he/she served the attached Notice of Demand by placing a true and correct copy thereof securely enclosed in an envelope addressed as follows:

__________________________________________

And deposited the same, postage prepaid, first class mail in the United States mail at

____________________________________________, __________________________.

Subscribed and sworn before me, this the _____day of ___________________, 20_____.

_________________________________________

Notary Public

My Commission Expires: