Post dating checks law florida
If you operate a business in Florida and have a customer's check returned for insufficient funds, you can file a criminal complaint with the state attorney's office in your county.
The clock starts running from the date on the check, and state law only gives you three years at most to bring legal action against the check writer.
Once you send that notice, the customer has 15 days to pay you.
You can file a complaint only if your customer fails to pay within that time period.
After the mandatory 15-day period has elapsed, you can opt to turn the matter over to a private collection agency rather than filing a criminal complaint.
If you go that route, you have to allow the agency 90 days to attempt to collect from the customer before filing a criminal complaint with the state attorney.
§ 832.07 This penalty does not apply to any check when the payee or holder knows or has been expressly notified prior to the drawing or uttering of the check, or has reason to believe, that the maker did not have on deposit or to the maker’s credit with the drawee sufficient funds to ensure payment, § 832.05(2)(a).) The required Notice must be mailed by certified or registered mail, evidenced by return receipt, to the address printed on the check or given at the time of issuance and may be deemed sufficient and equivalent to notice having been received by the maker or drawer, whether such notice is returned undelivered or not as set forth above.
The form of the written notice demanding payment is required to be substantially as follows (“You are hereby notified that a check, numbered _____, in the face amount of $_____, issued by you on (date) , drawn upon (name of bank) , and payable to _____, has been dishonored.
Whether you received a postdated check or you’re thinking of writing one, it’s important to know how they work — and that they often don’t work the way you might expect. People usually postdate checks when they want the recipient (the person or business receiving the payment, also known as the payee) to wait before depositing the check.Florida law permits you to add a collection fee to the total amount due if you sell the debt to a private agency.If the face value of the worthless check was less than 0, Florida law classifies the act of writing the check as a first-degree misdemeanor.You may be additionally liable in a civil action for triple the amount of the check, but in no case less than , together with the amount of the check, a service charge, court costs, reasonable attorney fees, and incurred bank fees, as provided in s. 832.07.” Subsequent persons receiving a check from the original payee or a successor endorsee have the same rights that the original payee has against the maker of the instrument, provided such subsequent persons give notice in a substantially similar form to that provided above.Subsequent persons providing such notice shall be immune from civil liability for the giving of such notice and for proceeding under the forms of such notice, so long as the maker of the instrument has the same defenses against these subsequent persons as against the original payee.