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OVERVIEW: In Florida, the passing of a worthless check is a criminal offense 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. 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. This is where Russell Law Offices can help you. 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. In order to start the case, this office must send a statutory worthless check notice before a lawsuit is filed. If the party fails to pay after receipt of the worthless check notice, a lawsuit can be immediately filed. Most often these claims result in an immediate payment without the need for filing a complaint because no one wants to unnecessarily pay four times the amount of what is owed.
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