In this article, we include the language required for a Florida bad check demand letter to be enforceable as a condition precedent to a lawsuit to recover monies from a bad check transaction. The Florida Statute for worthless checks identifies one of the two bad check laws in Florida (one criminal and one civil) that business owners such as check cashing stores, and money lenders frequently use when seeking to recover bad check in Florida. The pre-lawsuit requirement is clear when a customer has passed on a bad check to you. A lawyer must draft a Florida bad check demand letter on your behalf and send it to the person or company that passed the bad check to you. Call 407-310-5636 today to speak with a Florida Debt Collection Attorney to help you recover bad check in Florida.
Pursuant to Florida Statute 68.065(4), which is the civil Statute under which you may recover a bad check in Florida, the person that has caused you financial damages must receive notice. The notice may inform the person or entity they may be liable civilly and you may choose to include notice that there is a potential for criminal punishment for their actions. Notice to the party that has financially misled you must mirror the following statutory language for litigation purposes:
Florida Statute 68.065 Civil Bad Check Law
“You are hereby notified (this is the notice required in a Florida bad check demand letter) that a check, draft, order of payment, debit card order, or electronic funds transfer numbered (this is the number printed on the instrument such as Check #1050) in the face amount of $($7,500.00) issued by you on (date), drawn upon (name of bank), and payable to (Check Cashing Business), has been dishonored (the check has already previously been cashed or there are insufficient funds for example). Pursuant to Florida law, you have 30 days from receipt of this notice to tender payment in cash of the full amount of the dishonored payment instrument (there is a potential issue when the recipient cannot be located or rejects certified mail), plus a service charge of $25 if the face value does not exceed $50, $30 if the face value exceeds $50 but does not exceed $300, $40 if the face value exceeds $300, or 5 percent of the face amount of the dishonored instrument (do the math carefully), whichever is greater, the total amount due being $ and cents. Unless this amount is paid in full within the 30-day period (you may litigate after the 30 days have elapsed since the receipt of you Florida bad check demand letter), the holder of the dishonored payment instrument may file a civil action against you for three times the amount of the dishonored instrument, but in no case less than $50, in addition to the payment of the dishonored instrument plus any court costs, reasonable attorney fees (hiring a Florida Debt Collection Attorney may allow you to recover attorney fees in a lawsuit), and any bank fees incurred by the payee in taking the action.”
Criminal Bad Check Laws Florida
Florida Statute 832.062 makes it clear that there is the potential for criminal penalties to the wrongdoer under the bad check laws Florida. For example, a violation of Florida Statute 832.062 can lead to charges of a third degree felony or a second degree misdemeanor for first time offenders. The Florida Bad Check Demand Letter statutory requirement remains in place for the criminal statute and accompanying penalties to be enforced.
Florida Debt Collection Attorney
Ultimately, you should call a Florida Debt Collection Attorney to seek a recovery of money from a bad check that has cost you hundreds or thousands of dollars. Call the Jacobs Law Firm today at 407-310-5636.