Legal Question in Credit and Debt Law in Florida

You are correct that notice is required before they can criminally prosecute, unless your account was closed at the time you wrote the check. Here are the rules from the state attorney's website:

What Should I Do When I Receive a Worthless Check?

1.Send the required 15-day statutory notice letter to the person who gave you the worthless check. This gives the person passing the bad check seven(7) days from the receipt of your letter a notice to pay you the face amount of the check, plus a service charge which should not exceed the following amounts:

◦Amount of Check $50.00 or Less........................... Fee = $25 per Check

◦Amount of Check $50.01 - $300.00....................... Fee = $30.00 per Check

◦Amount of Check $300.01 or More....................... Fee = $40.00 per Check

Or an amount equal to 5% on the face Value of the Check, whichever is greater.

Why Should a Registered or Certified Letter Be Sent?

a.a. It generates restitution and allows you to collect service charges which should more than offset the cost of sending registered or certified mail.

b.b. It strengthens our prosecution case if the defendant goes to trial because it increases the presumption of guilt plus it gives us a physical piece of evidence to support your testimony as to the transaction.

c.c. The letter gives you immunity from civil liability under Florida Statute 832.07. Liability insurance coverage to protect you from civil suits for false arrest, malicious prosecution, or slander would cost you far more than costs of mailing registered or certified notices.

2.2. If the check is returned "NO ACCOUNT" or "ACCOUNT CLOSED", you do not need to send a statutory notice letter.

3.3. Once you have either received the return receipt or the unclaimed letter and have waited the required seven days from the date the check writer would have received the letter, criminal prosecution may begin.

4.4. Filing Criminal Charges - To file a criminal charge, go to the law enforcement agency which has jurisdiction over the location where the check was issued. The following documents must be presented when charges are filed on worthless checks: a. The original check(s) and the original certified/registered mail receipt (green card) from the notice, or the returned unopened envelope containing the notice. b. Names of witnesses who know something about the check. c. The complaint affidavit fully completed and notarized. d. Contracts, receipts or other supporting documents.

5.5. Do not delay filing your complaint after the seven days have passed or the certified letter has been returned. Promises made by the maker are, for the most part, of no more value that the check itself.

6.6. Do make sure that the check is stamped by the bank indicating the reason it was dishonored. Without the stamp, prosecution is not possible.