Hello, my name is Andres Sanchez, and I am an attorney with 20 years of experience.

What state are you in?

Legal Remedies Under Florida Law

1. Civil Remedy for a Worthless Check

Under Florida Statute § 68.065, if you issue a written demand and the check writer doesn’t pay within 30 days, you can sue them for:

• The face value of the check
• Treble damages (3x the check amount, minimum $50)
• Reasonable attorney’s fees, court costs, and bank fees

Action Steps:

• Send a certified (or first-class with affidavit) letter demanding payment within 30 days.
• Include the check number, amount, bank info, and any applicable service charges.
• If unpaid, sue in civil court (use Small Claims Court if under $8,000).

2. Criminal Prosecution for Worthless Check

Under Florida Chapter 832:

• Over $150 = third-degree felony
• Under $150 = first-degree misdemeanor

Action Steps:

• File a sworn complaint with the local State Attorney’s Office (SAO), which may have a dedicated worthless check division.
• Submit the check, demand letter, and proof of non-payment.

3. Contractor Deposit Law (Home Projects)

If the bad check was a deposit over 10% for a residential project, Florida Statute § 489.126 may apply:

• Permits must be pulled within 30 days
• Work must begin within 90 days of permit issuance

Action Steps:

• Send a certified letter demanding a refund or compliance
• Keep return receipt and report to DBPR if ignored
• You may also pursue civil remedies or licensing actions

4. Small Claims / Breach of Contract

You can file a lawsuit for:

• Actual damages
• Attorney’s fees (if in contract)
• Interest and court costs

Claims May Include:

• Breach of contract
• Fraud
• Unjust enrichment
• Worthless check damages

Next Steps (Summary)

• Send a certified 30-day demand under § 68.065 for the bad check.
• Prepare a civil claim or Small Claims action.
• File a complaint with the State Attorney’s Office.
• f the check was a home-improvement deposit over 10%, send a § 489.126 demand.
• Track deadlines — timing is important.

Good question. Here's how to approach it strategically:

1. Handle the Bad Check Separately (First)

• Florida law requires a 30-day written demand for the specific check to trigger treble damages.
• Keep this process clean and separate for both civil and potential criminal enforcement.
• Send the certified demand letter now referencing the bounced check.

2. Handle Upcoming Payment Separately (if Unpaid)

• If the payment due on the 10th is missed, it’s a separate breach of contract.
• Send a new written demand (5–10 days to cure).
• If unpaid, include it in a broader civil suit — but keep the bad check as a distinct cause of action.

3. Filing in Court

You’ll likely file one lawsuit for all unpaid amounts:

• One cause of action for the bad check (with statutory penalties).
• One or more for breach of contract for unpaid invoices.

But your demand letters should be separate:

• One 30-day certified demand for the bad check.
• One standard demand letter if the second payment is missed.

For a civil suit, you can file:

• In the county where the cause of action arose (e.g., where you did the work or deposited the check), or
• Where the defendant resides.

For a criminal complaint (worthless check):

• File with the State Attorney’s Office in the county where the check bounced — usually your bank’s location or where you deposited it.