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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:
- Send the person a "7-Day
Letter" under Florida Statute 832.07.
- Go to the office of the
prosecutor (State Attorney) in your county. Fill out the State Attorney's
"bad check" Affidavit.
- Give the original of your
bounced check to the State Attorney as evidence.
- Show the State Attorney
the certified mail refused letter.
- Show the State Attorney
a copy of the letter that was inside the certified mail refused letter.
- 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:
- Send the person who wrote
the bad check a "30-Day
Letter" under Florida Statute 68.065.
- After 30 days goes by,
file a suit in small claims court.
- Go to the trial and obtain a judgment against the defendant who
bounced the check on you.
- See an attorney about collecting on the judgment or, alternatively,
see an attorney about how to file the case properly
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