Criminal defense across Denton County and Collin County

Refusal to Execute Release of Fraudulent Lien or Claim

Chapter 32 of the Texas Penal Code defines offenses relating to fraud.

“Refusal to Execute Release of Fraudulent Lien or Claim”, as per § 32.49 of the Texas Penal Code, occurs when a person, with intent to defraud or harm another, the person:

owns, holds, or is the beneficiary of a purported lien or claim asserted against real or personal property or an interest in real or personal property that is fraudulent, as described by Section 51.901(c), Government Code; and

not later than the 21st day after the date of receipt of actual or written notice sent by either certified or registered mail, return receipt requested, to the person's last known address, or by telephonic document transfer to the recipient's current telecopier number, requesting the execution of a release of the fraudulent lien or claim, refuses to execute the release on the request of:

the obligor or debtor; or

any person who owns any interest in the real or personal property described in the document or instrument that is the basis for the lien or claim.

An offense under this section is a Class A misdemeanor.

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Why clients call Tim Powers Law

Former prosecutor and former judge insight

Aggressive defense in Denton and Collin County

Former prosecutor and former judge insight

Aggressive defense in Denton and Collin County

Misdemeanor A

Confinement in jail for a term not to exceed one year

Fine not to exceed $4,000

Punishment Range Misdemeanor A Confinement in jail for a term not to exceed one year Fine not to exceed $4,000 Both such fine and confinement Back to Index About Our Firm Contact Us Request a Free Case Evaluation Let Us Put Our Experience to Work for You

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Office locations

Denton office: 215 West Oak Street, Denton, TX 76201

McKinney office: 230 East Hunt Street, Suite 101, McKinney, TX 75069

Plano office: 7200 Dallas Parkway, Plano, TX 75024

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