Legal Question in Landlord & Tenant Law in Florida
Stopped Payment of Check
We have a tenant, who is a police officer, who rents a house from
us. He paid his April rent & then stopped payment on the check.
He is not moving out. I know we can start eviction on him but is it
legal for him to have stopped payment? What is our recourse on
the check? Thank you
1 Answer from Attorneys
Re: Stopped Payment of Check
This response only adddresses the worthless check that you received. Send him the following letter by certified mail.
SENT VIA CERTIFIED MAIL RR#
FILL IN person letter is addressed to
FILL IN ADDRESS
Re: Worthless Check No.FILL IN Check Number
Dear FILL IN Who the letter is addressed to:
You are hereby notified that a check, numbered ______ in the face amount of $______ issued by you on ___day of __________, 20__, drawn upon ________________ Bank and payable to ____________, has been dishonored.
Pursuant to Florida Law, you have thirty (30) days from receipt of this notice to tender payment in cash of the full amount of the check plus a service charge of $25.00 [if the face value does not exceed $50.00,] $30.00 [if the face value exceeds $50.00 but does not exceed $300,] $40.00[ if the face amount exceeds $300.00 or,] 5% of the face amount of the check [if the value exceeds $800.00,] the total amount due being $________. Unless this amount is paid in full to __________________ in care of the undersigned within the thirty (30) day period, we have been authorized to file a civil action against you for three times the amount of the checks, in addition to the payment of the check, plus any court costs, reasonable attorneys� fees, and any bank fees incurred as a result of taking the action described herein.
Furthermore, pursuant to Florida Statute �832.07 it is illegal to stop payment or issue payment upon an account which has insufficient funds. Unless this amount is paid in full within seven (7) days from receipt of this notice we may turn over the dishonored check and all other information relating to this incident to the state attorney for criminal prosecution.
Govern yourself accordingly!
Sincerely,
____________
This notice is provided to you pursuant to 15 United States Code Annotated �1692(g). You have thirty (30) days to respond to this demand of your receipt of this letter. This notice does not mean that a lawsuit cannot be filed earlier than thirty (30) days. This is an attempt to collect a debt and all information obtained through this process will be used for that purpose. We will assume that the debt is valid unless, within thirty (30) days after the receipt of this notice, you notify us that the debt or any portion of the debt is in dispute. You should make the written request to the _____________. If you notify this office in writing within (30) days that the debt or any portion is in dispute, we will obtain verification of the debt and we will mail you a copy of the verification of the debt. If you notify us in writing within (30) days, we will also mail you the name and address of the original creditor if different from the current creditor.