\t\r\n\t\t\t\t\t","hadText":true}Text of section effective until September 01, 2025
Sec.\u00A09.5185.\u00A0\u00A0FRAUDULENT FILING. (a) A person may not intentionally or knowingly present for filing or cause to be presented for filing a financing statement that the person knows:
(1)\u00A0\u00A0is forged;
(2)\u00A0\u00A0contains a material false statement; or
(3)\u00A0\u00A0is groundless.
(b)\u00A0\u00A0A person who violates Subsection (a) is liable to the owner of property covered by the financing statement for:
(1)\u00A0\u00A0the greater of $5,000 or the owner's actual damages;
(2)\u00A0\u00A0court costs; and
(3)\u00A0\u00A0reasonable attorney's fees.
(c)\u00A0\u00A0A person who violates Subsection (a) also may be prosecuted under Section 37.101, Penal Code.
(d)\u00A0\u00A0An owner of property covered by a fraudulent financing statement described in Subsection (a) also may file suit in a court of suitable jurisdiction requesting specific relief, including, but not limited to, release of the fraudulent financing statement. A successful plaintiff is entitled to reasonable attorney's fees and costs of court assessed against the person who filed the fraudulent financing statement. If the person who filed the fraudulent financing statement cannot be located or is a fictitious person, the owner of the property may serve the known or unknown defendant through publication in a newspaper of general circulation in the county in which the suit is brought.
\r\nAdded by Acts 1999, 76th Leg., ch. 414, Sec. 1.01, eff. July 1, 2001.
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