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 OVERVIEW: In Florida, the passing of a worthless check is a misdemeanor criminal infraction that also can be pursued as a civil action. To deliver a check to a third party without sufficient funds to cover the value of the check or stopping payment on the check is a clear violation of the worthless check laws. Ignorance of not knowing that there were not sufficient funds to cover the check is not a defense. The passing of the check itself is the requisite intent that the check be honored. Relief may be sought from the Assistant State Attorney to file criminal charges against a person that passes a bad check. In addition, an aggrieved party may file a civil action to recover the funds owed under the worthless check. In civil court, there is a strong penalty for a violation of the worthless check laws. If a party fails to make the check good, that party could be held liable for up to three times the value of the check plus the original amount owed under the check.
KEY BENEFITS: Assistance provided for the pursuit of collecting upon a worthless check. The matter can be referred for criminal prosecution while civil relief is simultaneously pursued. The requisite notices will be sent to the debtor and a complaint can be filed if payment is not collected. Most often the pursuit of these claims result in an immediate payment without the need for filing a complaint.
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