Legal Question in Civil Litigation in Florida

PLEASE HELP!! Stop payment on a check

I sold a guy a boat,as is, and he,right away,stopped payment on the check.A few days later he left the Destroyed boat on my neighbors property and in the street(title and all) I had to recover the title and property from a metal scrapper,who was in his legal right to take what he was holding a title for..I feel I do not actually own the boat?I am refusing delivery?I was able to recover it,though..now the police make it sound as if there is no criminal offence?

So as I begin my journey to civil action.I am faced with a few questions as to how I should proceed? Do I sue him for breach of contract?or do I sue for the amount reflected in this Florida Statute 68.065,based on the stop payment?

I don't want to be wrong again.I thought Statute 832.07 would have him criminally prosecuted for sure!


Asked on 8/20/08, 1:37 pm

1 Answer from Attorneys

Scott Behren Behren Law Firm

Re: PLEASE HELP!! Stop payment on a check

The Florida Statute does allow you to sue for stoping payment on a check with intent to defraud. You can also recover three times the amount of the check and attorneys fees. The question though is whether you can collection from this individual. Feel free to contact me with any further questions.

Scott Behren

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Answered on 8/21/08, 11:30 am


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