Legal Question in Civil Litigation in Florida

3 very specific questions

i am preparing for a civil suite where i was given a check on a boat sale.the gentleman stopped payment on the check,and abandoned the damaged boat...title and all...so from my research, a metal scrapper now has the boat and title...i might be able to get it back if advised(possibly at an unknown cost).(please advise)

heres the question.

The total check amount was for.. $1250.00,

1 do I sue under the FL statute 68.065 ? it says I can sue for 3 times the amount of the check?$3750.00(do i have to prove intent to defraud,like the criminal statute 832.07)(both FL statutes)

2 or am I suing for breach of contract?in the exact amount?$1250

I cant think of a more intelligent way to phrase this


Asked on 8/24/08, 10:45 am

1 Answer from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: 3 very specific questions

You can sue both ways. you do have to prove an intent to defraud in your claim under chapter 68.

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Answered on 8/24/08, 11:34 am


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