[FL] Can you pursue criminal charges or civil triple damages for a bounced contractor check?

FL Criminal Law

Howardk06131

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You can consider filing a criminal complaint. You should first send a letter detailing it to the party that issued it and give them 15 days to make it good, which includes any bank fees you incurred. If no response, then you can file with the State Attorney’s Office, who have a department that handles this, and/or the local police. You can also file a small claims action for the money owed. There is possibility if he violated the Florida bad check law to ask for triple damages.

Yes, you can file and allege he violated Florida Statute 68.065, which deals with issuing a bad check. You have to send him a certified letter detailing the facts, the total amount owed, and give him 15 days to comply and pay. Cite the Florida statute, and if he does not pay, you can sue him in small claims court under the statute and ask the court for triple damages plus the costs of filing and serving the complaint.

15-Day Demand Letter for Payment

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Want advice on how to handle a bad check situation from a contractor that had been pushed up to nearly small claims court but issued a check that bounced.

Lexi, Chatbot

I understand how frustrating it can be to deal with a bounced check from a contractor. Can you tell me when the check was issued and what the amount was?

It was issued last week for approx 1k USD.

Lexi, Chatbot

Have you already taken any steps towards resolving this issue, such as contacting the contractor or filing a claim?

Yes, had issued demand letter after attempts to collect for several months, then they issued this check.

Lexi, Chatbot

Is there anything else the lawyer should know before I connect you? Rest assured they’ll be able to help with your bad check situation.

Should we file a criminal complaint and let them do the majority of the investigation, and then do the civil after (if at all)? This particular business/individual will likely be challenging to collect on even if we are granted judgment against them.

Howardk06131

Hello, I am Howard, an attorney here to assist you. Can you explain the facts here and we can discuss how to proceed?

Sure, facts of the case are parties entered into a contract for drag performance services (we are the service provider). The other side paid at times but generally fell behind on payments due to lack of response, and after several months the performances were ceased due to lack of payment, with attempts to collect on payment undertaken at the time via text, invoices, and other attempts. Roughly 1 month ago, sent a demand letter via certified mail as well as text communication that they had 30 days to pay the invoice or we would go to small claims. The other party eventually agreed to pay the services (did not dispute the amount or that they owed the roughly 1k). They issued a check, which was deposited and appeared to clear, only to return insufficient funds as of the 26th. The party that owes the monies is the owner of a business, who signed the contract and the check as representative of the business. Collecting against her will likely be challenging due to her frequent non-response and diffuse nature of her business. Thus, would a criminal complaint for issuing the bad check and let the criminal side do the investigation and possible (if ever restitution as part of a potential plea deal or something of the like) be more effective than a civil judgment that we are likely to not be able to collect on?

Howardk06131

Thanks. Just reviewing and will write.

No problem, thank you so much!

Howardk06131

Thanks for sharing all those details. Filing a criminal complaint could indeed be an option, but let's gather a bit more information first to make sure we cover everything. Could you let me know where you're located? This can help determine the specific laws that might apply.

Yes, Duval County, FL.

If we did a civil small claims, would we be able to engage the FL bad check law as a cause of action in addition to the monies owed to increase the amount due?

Howardk06131

Thanks, I will check the law and write.

Howardk06131

Would it count that a demand letter was already sent originally, or do we have to do a new one and detail the new issue?

Howardk06131

To try and ask for the damages under the statute you have to follow it. So it should be sent certified, demanding payment within 15 days to cure the issue. Then if not complied with, sue under the statute, and go to court with the letter to prove you followed the law and ask the court for the damages under it.

Ahh okay, will do. Thank you so much for the advice, that's all my questions.

Howardk06131

You are welcome. If you have any questions, follow up as needed. Good luck. Howard.

Howardk06131

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