Section 32.48 criminalizes sending documents that look like court papers in order to make someone pay or comply. It reaches abusive debt collection, fraudulent liens, and fictitious "court" filings.
What the Statute Says
(a) A person commits an offense if the person recklessly causes to be delivered to another any document that simulates a summons, complaint, judgment, or other court process with the intent to: (1) induce payment of a claim from another person; or (2) cause another to: (A) submit to the putative authority of the document; or (B) take any action or refrain from taking any action in response to the document, in compliance with the document, or on the basis of the document.
(b) Proof that the document was mailed to any person with the intent that it be forwarded to the intended recipient is a sufficient showing that the document was delivered.
(c) It is not a defense to prosecution under this section that the simulating document: (1) states that it is not legal process; or (2) purports to have been issued or authorized by a person or entity who did not have lawful authority to issue or authorize the document.
Subsection (c) Closes the Obvious Loopholes
Two arguments people expect to work do not:
- "It said it wasn't legal process." A disclaimer in fine print does not cure a document designed to look like a summons.
- "The issuing body had no authority anyway." That a fictitious court or private entity had no power to issue anything is precisely the point, not a defense.
Where It Is Charged
Debt collection. Letters styled as a "Notice of Legal Action," "Final Judgment," or "Summons," sometimes with a fake case number or a court-looking caption, sent to frighten a debtor into paying. These prosecutions frequently accompany federal Fair Debt Collection Practices Act exposure and Texas Deceptive Trade Practices claims.
Fictitious filings. Sovereign-citizen "common law court" judgments, fraudulent liens against officials' property, and simulated process served on judges and clerks. Related conduct is charged under Section 32.49 and, where a court's function is purported to be exercised, Section 37.11.
Landlord-tenant and repossession. Notices dressed up as eviction orders or writs.
Defenses
The document does not simulate process. Demand letters, invoices, and notices of intent to sue are lawful and common. A letter that accurately describes a real legal remedy — even in strong terms — is not simulated process. The comparison is to what a genuine summons or judgment actually looks like.
Mental state. The statute requires reckless delivery plus the specified intent. An employee mailing documents prepared by someone else, without awareness of their character, does not meet it.
The claim was real. Intent to induce payment of a legitimate debt through lawful means is not the offense; the vice is the simulation.
No delivery. Drafts never sent, or documents delivered to the wrong person without intent that they be forwarded, fall outside the statute.
Related
- Section 32.49 — refusal to execute release of a fraudulent lien or claim
- Impersonating a public servant (37.11)
- Houston theft and fraud defense
Charged in Harris County?
Brian Foley is Board Certified in Criminal Law by the Texas Board of Legal Specialization and a former Harris County Felony Chief Prosecutor; Luis Baez is a former Trial Bureau Chief. Call or text (713) 703-1718 for a free, confidential consultation.