Legal Question in Consumer Law in Florida

Re: Nsf check

Yes passing bad checks is a crime. But don't threated to have someone prosecuted for a crime because that would also be a crime.

Re: Nsf check

Yes. There is a procedure for recovering on NSF checks wherein you can recover treble (3x) damages. It is in the Florida Statutes.

Re: Nsf check

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

You can always go to the police but unless you got all required information, they will generally not prosecute. Information includes the persons name, address, telephone number, date of birth and more. Most people fail to get all the necessary information and are only left with a civil remedy.

Florida Statutes 68.065 - Actions to collect worthless checks, drafts, or orders of payment; attorney's fees and collection costs states in part:

(1) In any civil action brought for the purpose of collecting a check,

draft, or order of payment, the payment of which was refused by the drawee because of the lack of funds, credit, or an account, or where the maker or drawer stops payment on the check, draft, or order of payment with intent to defraud, and where the maker or drawer fails to pay the amount owing, in cash, to the payee within 30 days following a written demand therefor, as provided in subsection (3), the maker or drawer shall be liable to the payee, in addition to the amount owing upon such check, draft, or order, for damages of triple the amount so owing. However, in no case shall the

liability for damages be less than $50. The maker or drawer shall also be

liable for any court costs and reasonable attorney fees incurred by the payee in taking the action. Criminal sanctions, as provided in s. 832.07, may be applicable.

I would strongly suggest you consult an attorney as all statutory provisions must be followed in order to obtain the treble damages provided including a specific notice as set forth in the statute. The law also provides for the award for reasonable attorney's fees.

Scott R. Jay, Esq.

Re: Nsf check

either or both