Legal Question in Credit and Debt Law in Florida

Bad Checks

I bought a car in Florida and wrote a check for the down payment. The check was returned against my account due to insufficient funds. When I wrote the check, I told them I was awaiting money to be sent to me, but they said go ahead and write it. The check was guarenteed by a company who paid the dealership the full amount. Now I owe this company money $5500. I have requested to pay an amount considerably less than this amount to show that I do not wish to walk away from the debt. My question is: Is this still considered a ''bad check'' and if so what legal actions commonly take place in this situation? and Do they have to accept my payment if I send it to them via Western Union Quick Collect?


Asked on 6/24/05, 2:36 pm

1 Answer from Attorneys
Tonia Troutwine, Esquire - Troutwine Law Group. LLC

Re: Bad Checks

They will more than likely accept payment of less than the total amount due, but this will not bar your obligation to pay the full amount due. If they accept payment they may waive certain rights to take any action against you for writing a bad check, since they are now accepting different terms of payment of the debt. Making a good faith payment should help the situation, usually the creditor is mostly concerned with collecting the debt and avoiding any additional legal costs if possible. So the sooner you are able to pay the amount owed, plus any costs associated with the bad check, the less likely they will be to seek legal recourse against you.

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Answered on 6/29/05, 11:00 am


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