Can I sue Someone who Gives me a bad Check?
Unfortunately, it is not uncommon for a business to receive a bounced check. While many people may choose to not pursue the issuer of the bad check, Florida statutes provide businesses and individuals in this situation with the ability to pursue both civil and criminal penalties against the issuer.
What is the Florida Worthless Check Statue?
Florida statue §68.065 permits the recipient of a bad check to file a lawsuit to collect on the check. However, before you can sue under the Florida worthless check statute, you must follow the notice requirements outlined in Florida statue §68.065. Specifically, you must provide notice to the issuer of the bad check and demand payment of the amount of the check within 30 days. This demand must utilize the exact language in the statue and be sent by certified mail.
What Damages can you Collect Under the Florida Worthless Check Statute?
If, after 30 days, the issuer still does not pay the amount due, you can file suit under the statue. The large benefit of filing suit under the statute is the potential damages that can be awarded. The recipient of the bad check may be awarded not only the value of the check but also service charges, court costs, and attorney’s fees. More lucrative though, is the possibility of being awarded treble damages. These treble damages allow for an award of three times the amount of the initial check.
