Employer goes out of business without paying an employee for hours worked. Former employee runs into out of business employer and says hey can you pay me what you owe me? Out of business employer writes her a check from an account that has nothing to do with former business for a portion of the money owed the employee for hours worked at now closed business. The check bounces. Is this civil or criminal?

Actually, I think it's both.

it seems like to me that a bounced check is a bounced check, regardless of the reason it was written. But, that's just me.

Agreed. A hot check is a hot check, regardless of why it's written- but in this case it's written for services not property. Send notice complying with the theft of service statute demanding payment from your office, then go from there.

We miss you here in Kleberg. You take care up there.

Brody thanks for the response. Was a little thrown off since the service was rendered for a business that went belly up. If out of business employer would have not written the personal check for those services then would have not been a criminal matter. As always the board is a great help.

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If out of business employer would have not written the personal check for those services then would have not been a criminal matter.

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Maybe not. Look at 31.04 (a)(4), and then combine that with the presumption under (b)(2). If the persons employment constitutes a "service agreement" then I think you could still make a theft of services charge stick. Now, the payment with a hot check sure goes a long way to proving "intent to avoid payment", but I think the statutory presumption could get you there as well in this case.