(a) A holder who under Section 64.002 presents an employer’s evidence of indebtedness and demands redemption is entitled, if the person using the employer’s evidence of indebtedness refuses redemption, to recover from that person:
(1) the value of the employer’s evidence of indebtedness;
(2) a penalty in an amount equal to 25 percent of the amount due; and
(3) costs of court and reasonable attorney’s fees.
(b) The holder may bring an action under Subsection (a) in the holder’s own name.

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Terms Used In Texas Labor Code 64.003

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005