Have You Received a Bad Check?

Unfortunately, all too often individuals perform work or sell an item of personal property and take as payment a personal check. When they deposit the check, they are faced with the unfortunate reality that they are now without payment despite having performed work or having transferred personal property into another’s possession. While this is a daunting reality to face, there is a course of action that can be taken to remedy the issue. The Florida Legislature has implemented law designed to protect those who have fallen victim to a fraudulent check. However, there are a few things that must be done before utilizing said law. 

First and foremost, it is important that you consult with an attorney who is familiar with bad check law so that they can properly guide you through the process. A letter notifying the individual who delivered the bad check must be delivered to the individual before legal action under the bad check statutes can commence. The letter must identify the check and include several other important pieces of information. It is critical that the letter state that treble damages will be sought in the event payment is not timely made.  Failure to include said statement will preclude you from doing so in the event legal action is taken. 

The letter must also include any fee charged by the bank for processing a bad check. Proper delivery of the above described letter allows the individual who delivered the bad check the opportunity to cure the issue before legal action is sought. This is of course the best-case scenario as legal action can often times be time consuming and costly. However, should the issue not be resolved timely after delivery of the letter, the wronged party has a valid and strong cause of action under the Florida bad check statutes for three times the amount of the bad check, plus costs and fees.

If you have recently fallen victim to a “bounced” check, give us a call, we would be happy to help! 

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