Legal Question in Credit and Debt Law in Florida
no payment
I received payment from a client for work done, check bounced and then they stopped payment. What letter can I send to them?
3 Answers from Attorneys
Re: no payment
Depends on whether you want to pursue in civil court or in criminal court. The letter is different.
Re: no payment
You can make them liable for three times the amount if you want to go that route.
Re: no payment
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 a civil matter, Florida Statutes provides that a statutory notice be given by certified mail allowing the party 30 days to make good on the check or to pay substantial damages. Under Florida law, if a civil suit is filed, you may be entitled to treble damages (the amount of the check plus a penalty equal to 3 times the amount of the check) plus court costs and a reasonable attorney's fee. You should consult an attorney to make sure you follow the statute precisely in order to allow for the treble damages.
You can read complete information on criminal prosecution for bad checks at the site of the State Attorney of the 10th Judicial Circuit: http://www.sao10.com/worthless_checks.asp
Scott R. Jay, Esq.