Lehigh Acres, FL asked in Small Claims for Florida

Q: A person wrote me a bad check for over 3,000 dollars promise several times to make good with cash but never shows up

What can I do legally

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1 Lawyer Answer
Phillip William Gunthert
Phillip William Gunthert
  • Orlando, FL
  • Licensed in Florida

A: You can check with the State Attorney in the County where this took place and turn it over to them, generally;

Florida’s Bad Check Statute — F.S. 68.065 — says that if you provide a written demand that the money under the bad check be paid and the money isn’t paid within 30 days, then you may be entitled to 3 times the amount initially owed. Additionally, court costs and reasonable attorney’s fees may be reimbursable. Furthermore, you can charge up to 5% of the face amount that was due as a service fee.

When a person receives a worthless check, whether it is returned due to insufficient funds or on a stop payment, they are required by Florida law to notify the check writer.

If the check writer makes payment at this point, the issue is considered resolved.

However, if the check writer refuses to make restitution, the check can be turned over to the Bad Check Restitution Program of the Office of the State Attorney.

The victim should contact this program as follows ( I have included West Palm Beach as a sample but most counties if not all will have a similar program):

Office of the State Attorney

Bad Check Restitution Program

P.O. Box 3855, West Palm Beach, FL 33402-3855

Phone: 1-855-208-1309 Victim's Hotline

Phone: 1-855-252-9820 Check Writer's Hotline

Website: www.checkprogram.com

The check writer will be given two choices: comply with the requirements of the program, which includes restitution to the victim, or face possible prosecution.

Stephen Arnold Black agrees with this answer

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