Brown v. Oaklawn Bank

WALLACE, Justice.

This case arises out of a bank error resulting in an overpayment of a closed account. The primary question presented is the extent to which a creditor may use the threat of criminal prosecution to procure payment of a debt under the Texas Debt Collection Act. TEX.REY.CIV.STAT. ANN. art. 5069-11.02 (Vernon 1986). In an unpublished opinion, the court of appeals affirmed the trial court’s judgment that Oaklawn Bank did not violate the Texas Debt Collection Act by making threats of criminal prosecution. We affirm the judgment of the court of appeals in part, reverse in part, and…