Legal Question in Civil Litigation in Florida

bad checks

Someone has written me checks from a closed account. I would like to know if there is anything I can do to recover my money from them, and if there is, how to go about doing it.


Asked on 7/18/07, 8:49 am

3 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: bad checks

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.

In order to get your money, under Florida law, you may be able to obtain damages under various theories depending on the actual fact pattern. For example, if the checks were written in order for the person to get goods or services from you, you might pursue a case for civil theft which provides treble damages or three times the amount of the sum in question plus court costs, interest and a reasonable attorney's fee. There scenarios are too numerous to discuss all but you should consult an attorney to review your legal options.

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Answered on 7/18/07, 8:40 pm
David Ellis david Robert Ellis, P.A.

Re: bad checks

Writing bad checks is a crime which the State Attorney's Office might pursue criminally. Depending upon the amount of the checks it may be worth hiring an attorney to recover the money in civil court. If not, you could always pursue it in small claims court yourself. Collecting any judgment you receive is another matter.

Good luck,

David Ellis

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Answered on 7/18/07, 9:23 am
Johm Smith tom's

Re: bad checks

Check fraud is illegal. Inform the police.

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Answered on 7/18/07, 9:58 am


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