Legal Question in Criminal Law in Florida

A complicated matter

About three months ago I was in a car accident that was not my fault. The insurance company send two checks to the body shop and they both had my name and the body shops name on them. One check was for the amount of the damages and the other for my tire and rim which was $1800 dollars. After two months of waiting patiently for the body shop to go pick up my rim and tire, I decided that I couldn't wait no more so I went to go pick up my car and the check for the rim and tire. When I got there the manager said that they deposited my check and to come back tommorow for another check. I found this strange becasue how were they able to deposit my check if I didn't sign it. Anyways, The next day they still didn't have my check and they told me to come back the next day. The next day they gave me a check in the amount of $1,450 dollars. I new that something was odd then, but I was so frustrated with these people that I just took the check because at that point I just wanted the situation to be over! At the rim shop I learned that the check was no good. I've been back to the body shop a total of six times and still no check. The managers dodge my calls and won't let me speak to the owner. Is this forgery? And can I press charges, and sue?


Asked on 12/10/07, 1:35 am

1 Answer from Attorneys
Scott R. Jay Law Offices of Scott R. Jay

Re: A complicated matter

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.

No, it is not forgery but it is passing a bad check. You can file a criminal complaint against them with the police although they may tell you it is a civil matter.

You can file suit in the local county court for the amount of the check as well as treble damages if you provide the statutory notice required under Florida law. You should consult an attorney who can work with you on this matter. You may also be able to get your attorney's fees paid by the body shop.

Scott R. Jay, Esq.

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Answered on 12/14/07, 12:46 am


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