Under penal code section 31.03 Theft, a person commits an offense if he unlawfully appropriates property or secures performance of a service from the owner by deception. The key under the law is that the owner must give the merchandise at the time the check writer renders the check. Furthermore, inducing a provider of services to provide services by giving the provider a check which the issuer knows will be dishonored by the bank qualifies as deception. Again, the key under the law is that the owner must provide the service at the time the check writer renders the check.
Please note that our office cannot collect on the following types of checks:
If you willingly accepted a post-dated check in exchange for merchandise or a service, you extended credit to the check writer.
Those kinds of checks often prove to be impossible for us to establish which of the other parties involved possessed the intent to commit the theft.
CHECKS FOR DEBTS OWED:
In most cases checks given to pay pre-existing debts do not meet the requirements for a theft charge.