Legal Question in Business Law in Florida
Worthless Checks
I run a medical office in Davie. If I have a person pass a worthless check I have heard that I can take steps to have person replace the check or have their drivers license taken away. What steps do I take to have someones license taken away if they do not replace or pay off their worthless check. I have also seen signs in stores that explain if you pass a worthless check, you will loose your license. Where can I get this? Thank you very much for the help.
3 Answers from Attorneys
Re: Worthless Checks
Yes. Check out Fla Stat 68.065. The statute requires specific notice before you can commence with a civil action against the payor of the check. If the payor does not comply within the 30 days of the notice, then you can commence a civil action and recoup legal fees, costs and treble damages (three times the amount of the check).
You may call me for additional information at 305-769-1700. We have satelite offices in Palm Beach and Broward County.
Re: Worthless Checks
You need to file suit and get a judgment. Before
doing so I suggest you send a demand pursuant to
section 68.065, Florida Statutes. If the check is
not paid within 30 days, you can sue for treble damages
and attorney's fees.
Re: Worthless Checks
Mr. Reder is correct. Send a demand letter first pursuant to section 68.065 of the Florida Statutes. If that does not resolve the matter, then you will have a right to pursue three times the amount of the worthless check, plus be entitled to recover the attorney's fees incurred in connection with any work associated with the worthless check case. Seek the advice of counsel and good luck.
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