An instrument may be a check even though it is described by another term, such as ‘money order.’ §68.065 must be delivered by certified or registered mail, or by first-class mail, evidenced by an affidavit of service of mail, to the maker or drawer of the check, draft, or order of payment.
If notice is properly provided, the maker or drawer will be liable to the payee for, in addition to the amount owing on the check, damages of triple the amount owing, a statutory service charge based on the check amount, reasonable attorneys’ fees, and court costs.
As the economy continues to tank and dead beat debtors begin to pass more and more bad checks, I have found it to be a prudent time to revisit the laws pertaining to writing bad checks in Florida.
In general, the term ‘check’ means a draft, other than a documentary draft, payable on demand and drawn on a bank or a cashier’s check or teller’s check.
Checks stamped "Stop Payment" may, in certain circumstances, be the subject of criminal charges, but you should be aware that Stop Payment Orders are not generally criminal and may have to be resolved in a Small Claims Court civil suit.
Checks returned with the stamp "Unauthorized Drawer's Signature" are generally not suitable for prosecution as worthless checks because they are probably forgeries committed by someone other than the owner of the checking account.
Forgery does not fall under the Worthless Check Diversion Program and must be filed with the law enforcement agency in the jurisdiction where the check was uttered or forged. What to do and What NOT to do: You are never under any obligation to accept a check from someone for payment of goods or services.
While checks are certainly a convenience, you may opt to ask for cash or certified checks or money orders.
If your payment is rejected, you might be unable to buy a product or service that you wanted, you might have to pay late-payment fees, or there might be other consequences. The IRS generally doesn’t accept postdated checks, and some universities won’t either.If the notice is sent via certified mail and the recipient refuses to claim the notice or sign the postal receipt, the statutory notice requirement is satisfied.Any person who issues worthless checks may be prosecuted criminally under Chapter 832 of the Florida Statutes.This office handles worthless checks received in Polk, Highlands, and Hardee counties ONLY!Do not contact us if this is not the correct jurisdiction. The Office of the State Attorney, 10th Judicial Circuit, prosecutes Worthless Checks and offers a Diversion Program for Worthless Check Offenders that can avoid resolution through the court system.You can land in legal trouble if you intentionally postdate a check knowing there will be no money in your account or the account will be closed by the check's date.