Texas Business & Commerce Code - Section 35.591. Notation Of Forged Check
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§ 35.591. NOTATION OF FORGED CHECK. (a) In this section,
"victim of identify theft" means a person who has filed with an
appropriate law enforcement agency a criminal complaint alleging
commission of an offense under Section 32.51, Penal Code.
(b) If a victim of identity theft closes an account at a
financial institution as a result of the identity theft, notifies
the financial institution that the identity theft is the reason for
closing the account, provides the financial institution with a copy
of the criminal complaint described by Subsection (a), and requests
that the financial institution return checks with the notation
"forgery," the financial institution shall process as forgeries the
checks received after the customer takes those actions, in
accordance with the financial institution's customary procedures.
(c) A victim of identity theft who requests that a financial
institution return checks with the notation "forgery" as provided
by Subsection (b):
(1) may not assert that the financial institution is
liable under Section 4.402 for wrongfully dishonoring a check
returned after the victim makes the request; and
(2) shall hold the financial institution harmless for
acting in accordance with the victim's request.
Added by Acts 2005, 79th Leg., ch. 615, § 1, eff. Sept. 1, 2005.
Section: 35.58 35.58 35.58 35.581 35.581 35.585 35.59 35.591 35.60 35.61 35.62 35.71 35.72 35.721 35.722
Last modified: August 10, 2007
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