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Florida Notice of Dishonored Check - Criminal - Keywords: bad check...

Florida Notice of Dishonored Check - Criminal - Keywords: bad check, bounced check

Category:

Collections - Dishonored Checks

State:

Florida

Control #:

FL-402N

Format:

Instant download

Description

This is a Complaint - Warrant for Dishonored Check - Criminal. A "dishonored check" (also known as a "bounced check" or "bad check") is a check which the bank will not pay because there is no such checking account, or there are insufficient funds in the account to pay the check. In order to attempt the greatest possible recovery on a dishonored check, the business owner or any other person given a dishonored check may be required by state law to notify the debtor that the check was dishonored.

Notice of Dishonored Check - Civil - Keywords: bad check, bounced check

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How to fill out Florida Notice Of Dishonored Check - Criminal - Keywords: Bad Check, Bounced Check?

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FAQ

The bad check law in Florida holds that writing a bounced check without sufficient funds can lead to criminal charges. The law aims to deter individuals from issuing checks they cannot honor. A Florida Notice of Dishonored Check serves as a formal alert regarding insufficient funds, which can lead to legal actions. By being aware of this law, you can take proactive steps to manage your finances responsibly.

In Florida, a bad check can be classified as a felony if the amount exceeds $150. This means that if you write a bounced check for this amount or more, you may face serious legal consequences. Understanding the implications of a Florida Notice of Dishonored Check is essential to avoid severe penalties. It's important to stay informed about this law to protect yourself from potential criminal charges.

Section 817.234 addresses fraud relating to bad checks and outlines the consequences of knowingly issuing a check without sufficient funds. This law categorizes such actions as criminal offenses, which may lead to serious charges, including felony charges if the amount exceeds certain thresholds. If you receive a Florida Notice of Dishonored Check, it is essential to understand Section 817.234, as it highlights the legal obligations and potential ramifications of issuing a bounced check. Legal help or resources from platforms like uslegalforms can provide guidance on navigating this situation.

In Florida, the statute of limitations on a bounced check is generally four years under the Florida Uniform Commercial Code. This means that if a check has bounced, the payee has up to four years to initiate legal action against the check writer for recovery. Knowing this timeline is crucial if you've received a Florida Notice of Dishonored Check, as it helps in determining your options for pursuing the debt. Keep in mind that timely action can increase chances of recovery.

Section 68.065 of the Florida statutes provides a legal framework for civil action concerning worthless checks or drafts. This section allows the payee to file a claim against the issuer of a bounced check, seeking damages that can include the original check amount, along with additional penalties. If you face a Florida Notice of Dishonored Check, understanding Section 68.065 can empower you to take appropriate actions to recover losses effectively. It’s a critical piece for anyone involved in transactions that might lead to bounced checks.

Section 448.08 of the Florida statutes pertains specifically to the penalties related to bad checks. This section allows a payee to seek recovery of associated costs, including damages and fees, should a check bounce due to insufficient funds. When dealing with a Florida Notice of Dishonored Check, this law is vital as it establishes the criteria for legal action and serves as a reminder to payors who may risk legal repercussions. Always consider communicating with the issuing party before escalating the matter legally.

In Florida, the statute for bad checks is defined under Section 673.433, which covers the penalties for issuing a check that is not honored due to insufficient funds or an account closure. This law emphasizes the importance of maintaining sufficient funds in your account to avoid facing legal consequences. If you receive a Florida Notice of Dishonored Check, it typically indicates that legal action may follow if the debt remains unresolved. Understanding this statute can help you navigate potential issues tied to bounced checks.

Bouncing a check in Florida can lead to various consequences, including fees and potential legal action. If a check is returned due to insufficient funds, you may also face civil penalties. To safeguard yourself, consider using resources like USLegalForms to stay informed about your rights and obligations related to bounced checks.

To write a letter about a bounced check, include the date, your contact information, and the relevant details of the check, such as the amount and check number. Clearly state that the check was returned and request that the recipient address the matter promptly.

A letter of insufficient funds should be clear and direct. Begin with the date and your contact details, followed by the check number and amount. Inform the recipient that the funds were insufficient at the time of processing and request an alternative form of payment.

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Notice of Dishonored Check - Criminal - Keywords: bad check, bounced check

Note: This summary is not intended to be an all-inclusive summary of the law of bad checks, but does contain basic and other provisions.

CIVIL PROVISIONS

Florida Statutes
TITLE VI - CIVIL PRACTICE AND PROCEDURE
CHAPTER 68 - MISCELLANEOUS PROCEEDINGS

68.065 Actions to collect worthless checks, drafts, or orders of payment; attorney's fees and collection costs.--

(1) In any civil action brought for the purpose of collecting a check, draft, or order of payment, the payment of which was refused by the drawee because of the lack of funds, credit, or an account, or where the maker or drawer stops payment on the check, draft, or order of payment with intent to defraud, and where the maker or drawer fails to pay the amount owing, in cash, to the payee within 30 days following a written demand therefor, as provided in subsection (3), the maker or drawer shall be liable to the payee, in addition to the amount owing upon such check, draft, or order, for damages of triple the amount so owing. However, in no case shall the liability for damages be less than $50. The maker or drawer shall also be liable for any court costs and reasonable attorney fees incurred by the payee in taking the action. Criminal sanctions, as provided in s. 832.07, may be applicable.

(2) The payee may also charge the maker or drawer of the check, draft, or order of payment a service charge not to exceed the service fees authorized under s. 832.08(5) or 5 percent of the face amount of the instrument, whichever is greater, when making written demand for payment. In the event that a judgment or decree is rendered, interest at the rate and in the manner described in s. 55.03 may be added toward the total amount due. Any bank fees incurred by the payee may be charged to the maker or drawer of the check, draft, or order of payment.

(3) Before recovery under subsection (1) may be claimed, a written demand shall be delivered by certified or registered mail, evidenced by return receipt, to the maker or drawer of the check draft, or order of payment. The form of such notice shall be substantially as follows:

... [ see, USLF form FL-401N ] ...

(4) A subsequent person receiving a check, draft, or order, from the original payee or a successor endorsee has the same rights that the original payee has against the maker of the instrument, provided such subsequent person gives notice in a substantially similar form to that provided above. A subsequent person 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 the subsequent person as against the original payee. However, the remedies available under this section may be exercised only by one party in interest.

(5) Subsequent to the commencement of the action but prior to the hearing, the maker or drawer may tender to the payee, as satisfaction of the claim, an amount of money equal to the sum of the check, the service charge, court costs, and incurred bank fees. Other provisions notwithstanding, the maker or drawer is liable to the payee for all attorney fees and collection costs incurred by payee as a result of the payee's claim.

(6) If the court or jury determines that the failure of the maker or drawer to satisfy the dishonored check was due to economic hardship, the court or jury has the discretion to waive all or part of the statutory damages.

CRIMINAL PROVISIONS

Florida Statutes
TITLE XLVI - CRIMES
CHAPTER 832 - VIOLATIONS INVOLVING CHECKS AND DRAFTS

832.07 Prima facie evidence of intent; identity. -

(1) INTENT. -

(a) In any prosecution or action under this chapter, the making, drawing, uttering, or delivery of a check, draft, or order, payment of which is refused by the drawee because of lack of funds or credit, shall be prima facie evidence of intent to defraud or knowledge of insufficient funds in, or credit with, such bank, banking institution, trust company, or other depository, unless such maker or drawer, or someone for him or her, shall have paid the holder thereof the amount due thereon, together with a service charge not to exceed the service fees authorized under s.832.08(5) or an amount of up to 5 percent of the face amount of the check, whichever is greater, within 7 days after receiving written notice that such check, draft, or order has not been paid to the holder thereof, and bank fees incurred by the holder. In the event of legal action for recovery, the maker or drawer may be additionally liable for court costs and reasonable attorney's fees. Notice mailed by certified or registered mail, evidenced by return receipt, to the address printed on the check or given at the time of issuance shall be deemed sufficient and equivalent to notice having been received by the maker or drawer, whether such notice shall be returned undelivered or not. The form of such notice shall be substantially as follows:

... [ see, USLF form FL-402N ] ...

Subsequent persons receiving a check, draft, or order 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. However, the remedies available under this section may be exercised only by one party in interest.

(b) When a check is drawn on a bank in which the maker or drawer has no account or a closed account, it shall be presumed that such check was issued with intent to defraud, and the notice requirement set forth in this section shall be waived.

(2) IDENTITY. -

(a) In any prosecution or action under the provisions of this chapter, a check, draft, or order for which the information required in paragraph (b), paragraph (d), paragraph (e), or paragraph (f) is available at the time of issuance constitutes prima facie evidence of the identity of the person issuing the check, draft, or order and that such person is authorized to draw upon the named account.

(b) To establish this prima facie evidence:

1. The driver's license number or state identification number, specifying the state of issuance of the person presenting the check must be written on the check; or

2. The following information regarding the identity of the person presenting the check must be obtained by the person accepting such check: The presenter's full name, residence address, home phone number, business phone number, place of employment, sex, date of birth, and height.

1. The information may be recorded on the check; or

2. The number of a check-cashing identification card issued by the accepter of the check may be recorded on the check. In order to be used to establish identity, such check-cashing identification card may not be issued until the information required in subparagraph (b)2. has been placed on file with the accepter of the check.

(d) If a check is received by a payee through the mail or by delivery to a representative of the payee, the prima facie evidence referred to in paragraph (a) may be established by presenting the original contract, order, or request for services that the check purports to pay for, bearing the signature of the person who signed the check, or by presenting a copy of the information required in subparagraph (b)2. which is on file with the accepter of the check together with the signature of the person presenting the check.

(e) If a check is received by a payee and the drawer or maker has a check-cashing identification card on file with the payee, the prima facie evidence referred to in paragraph (a) may be established by presenting the signature found on the check-cashing identification card bearing the signature of the person who signed the check.

(f) If a check is received by the Department of Revenue through the mail or by delivery to a representative of the Department of Revenue, the prima facie evidence referred to in paragraph (a) may be established by presenting the original tax return, certificate, license, application for certificate or license, or other document relating to amounts owed by that person or taxpayer which the check purports to pay for, bearing the signature of the person who signed the check, or by presenting a copy of the information required in subparagraph (b)2. which is on file with the accepter of the check together with the signature of the person presenting the check. The use of taxpayer information for purposes of establishing the identity of a person pursuant to this paragraph shall be considered a use of such information for official purposes.

Notice of Dishonored Check - Criminal - Keywords: bad check, bounced check

Note: This summary is not intended to be an all-inclusive summary of the law of bad checks, but does contain basic and other provisions.

CIVIL PROVISIONS

Florida Statutes
TITLE VI - CIVIL PRACTICE AND PROCEDURE
CHAPTER 68 - MISCELLANEOUS PROCEEDINGS

68.065 Actions to collect worthless checks, drafts, or orders of payment; attorney's fees and collection costs.--

... [ see, USLF form FL-401N ] ...

CRIMINAL PROVISIONS

Florida Statutes
TITLE XLVI - CRIMES
CHAPTER 832 - VIOLATIONS INVOLVING CHECKS AND DRAFTS

832.07 Prima facie evidence of intent; identity. -

(1) INTENT. -

... [ see, USLF form FL-402N ] ...

(2) IDENTITY. -

(b) To establish this prima facie evidence:

1. The driver's license number or state identification number, specifying the state of issuance of the person presenting the check must be written on the check; or

1. The information may be recorded on the check; or

Florida Notice of Dishonored Check - Criminal - Keywords: bad check, bounced check

Description

Related forms

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How to fill out Florida Notice Of Dishonored Check - Criminal - Keywords: Bad Check, Bounced Check?

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FAQ

What is the bad check law in Florida?

How much does a bad check have to be to be a felony in Florida?

What is section 817.234 in the Florida statutes?

What is the statute of limitations on a bounced check?

What is section 68.065 in the Florida statute?

What is Section 448.08 in the Florida statute?

What is the statute for bad checks in Florida?

What happens if you bounce a check in Florida?

How do you write a letter to bounce a cheque?

How do I write a letter of insufficient funds?

Trusted and secure by over 3 million people of the world’s leading companies

Florida Notice of Dishonored Check - Criminal - Keywords: bad check, bounced check

Description

Related forms

Viewed forms

How to fill out Florida Notice Of Dishonored Check - Criminal - Keywords: Bad Check, Bounced Check?

Form popularity

FAQ

What is the bad check law in Florida?

How much does a bad check have to be to be a felony in Florida?

What is section 817.234 in the Florida statutes?

What is the statute of limitations on a bounced check?

What is section 68.065 in the Florida statute?

What is Section 448.08 in the Florida statute?

What is the statute for bad checks in Florida?

What happens if you bounce a check in Florida?

How do you write a letter to bounce a cheque?

How do I write a letter of insufficient funds?

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