Legal Question in Credit and Debt Law in Florida

worthless checks and civil damages

I am newly admitted and filed a civil action for worthless checks. I would like to know if treble damages are considered punitive in a civil action. My problem is that the judge wants to transfer the case to circuit court because the treble damages caused the case the exceed the jurisdicitional amount. I beleive that treble damages are punitive and should not be included as part of the pricipal amount. Am I correct and is there a case that supports my position?


Asked on 6/10/05, 9:20 am

3 Answers from Attorneys
Tonia Troutwine, Esquire - Troutwine Law Group. LLC

Re: worthless checks and civil damages

I believe the judge is right in this case. Any action that exceeds $15,000 goes to circuit court, the amount is not determined by principal amount but total damages including punitives.

Read more
Answered on 6/10/05, 9:26 am
Jason Dvoracek Jason Dvorack

Re: worthless checks and civil damages

As a footnote, the treble damages are in addition to the amount of the original check when computing the amount in controversy.

Read more
Answered on 6/10/05, 10:07 am
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: worthless checks and civil damages

1.yes

2.yes

Read more
Answered on 6/10/05, 10:39 am


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in Florida