A check that bounces is more than an inconvenience. Florida law gives the recipient of a worthless check specific tools to recover what they are owed.
If someone has paid you with a check that was returned for insufficient funds or a closed account, you are not without options. Florida's worthless check statutes provide a path to recovery — and in some cases additional damages.
The statutory demand
The process typically begins with a written demand letter that follows the specific language and timing required by statute. This notice gives the check writer a set period to make the payment good before further remedies are pursued.
Potential recovery
- —The face amount of the check
- —Statutory damages, which can exceed the amount of the check
- —Court costs and, in some cases, attorney's fees
- —Applicable bank fees you incurred
Civil and criminal angles
Passing a worthless check can carry both civil and criminal consequences in Florida. Most individuals and businesses, however, are focused on civil recovery — getting paid. Following the statutory steps correctly is key to preserving your right to the enhanced damages the law allows.
If you have received a bad check, Hill & Hill can help you send a proper demand and pursue the full amount you are owed.