What You Need To Do If Someone Bounces A Check On You

Here is a list of things you can do if someone bounces a check on you:

A. You can have the person prosecuted by the State of Florida (criminal case) as follows:

  1. Send the person a "7-Day Letter" under Florida Statute 832.07.
  2. Go to the office of the prosecutor (State Attorney) in your county. Fill out the State Attorney's "bad check" Affidavit.
  3. Give the original of your bounced check to the State Attorney as evidence.
  4. Show the State Attorney the certified mail refused letter.
  5. Show the State Attorney a copy of the letter that was inside the certified mail refused letter.
  6. Give the State Attorney all of the information needed to identify the person (height, weight, identification, etc.).

B. You can sue the person in small claims court for three times the amount of the check plus attorney fees and costs. To do so, you must do the following:

  1. Send the person who wrote the bad check a "30-Day Letter" under Florida Statute 68.065.
  2. After 30 days goes by, file a suit in small claims court.
  3. Go to the trial and obtain a judgment against the defendant who bounced the check on you.
  4. See an attorney about collecting on the judgment or, alternatively, see an attorney about how to file the case properly

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