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
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
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
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.