Don’t Be a Victim of Bad Checks

As one tool in our fight against those who write worthless checks, this office has established a Bad Check Restitution Program.  This is a unique, public/private partnership that will require offenders to not only pay restitution promptly, but also mandate that they complete an eight hour remedial course designed to prevent repeat offenses.  The program is also designed to educate businesses in preventative check acceptance policies. 

Because of the fact that the Bad Check Restitution Program is a public/private partnership, it operates at no expense to the taxpayer or to the business or individual that receives the worthless checks.  Program costs are borne entirely by the offenders from fees charged to them to enter the program.

The program is not appropriate for all offenders.  I will continue to aggressively prosecute serious repeat offenders and “scam artists” who use worthless checks as part of their method of committing crimes.  But for those for whom it is appropriate, the Bad Check Restitution Program will protect your cash flow by securing restitution more quickly than could be obtained through the court system.   

I am confident that your participation in this program will help your business.  By working together we will combat the problem of worthless checks by achieving the three main goals of the Bad Check Restitution Program: One, to increase accountability of bad check writers; two, to obtain restitution for victims of bad checks; and three, to do these things without increasing the administrative or financial burden on the criminal justice system or the taxpayer.

Below are instructions on how to initiate a complaint if you receive a bad check, as well as some tips on how to avoid getting one.  The format for the fifteen-day letter, as required by Florida law, is available on this site, as is a Bad Check Complaint Form that may be downloaded as an Adobe .pdf file. I look forward to working together with the business community to resolve this serious problem.

IF YOU RECEIVE A BAD CHECK…

1. Send a letter by certified mail with return receipt, or by first class mail to the check writer at the address on the check or given at the time of issuance demanding payment.  The check writer has 15 days to respond and remit payment.  The letter must be in substantially the form set out below.  For your convenience, this letter may also be downloaded in Word format or PDF format. (An "account closed" check does not need a statutory notice sent.)

Date (date letter sent to bad check writer)

(Name of bad check writer)
(Address of bad check writer including City, State, and Zip)

You are hereby notified that a check numbered _____, in the face amount of $______, issued by you on  __(date)__, drawn upon (name of bank), and payable to ___(payee)__, has been dishonored.  Pursuant to Florida Law you have 15 days from the date of this notice to tender payment of the full amount of such check plus a service charge of $25, if the face value does not exceed $50; $30, if the face value exceeds $50 but does not exceed $300; $40 if the face value exceeds $300, or an amount of up to 5% of the face amount of the check, whichever is greater.  The total amount due is $__________.

Unless this amount is paid in full within the time specified above, the holder of such check may turn over the dishonored check and all other available information relating to this incident to the State Attorney for criminal prosecution.  You may be additionally liable in a civil action for triple the amount of the check, but in no case less than $50, together with the amount of the check, as service charge, courts costs, reasonable attorney fees, and incurred bank fees, as provided in s. 68.065, Florida Statutes.

Closing,

 

(your signature)

(your  name)

(your address including city, state, and zip)

2. If you do not hear from the check writer or receive payment within the 15 days noted above, obtain A Bad Check Complaint Form.  This form is available by calling the Bad Check Restitution Program at 800-832-1131, from your local law enforcement agency, or by downloading the form PDF format or Word format along with the Instructions for Filing The Bad Check Complaint Form.

3. Fill out the complaint form, attach originals (you retain photocopies) of all checks and notification documents, such as your letter, return receipts or affidavit of service of mail, and bank notices, and mail to:

20th Judicial Circuit

State Attorney Bad Check

Restitution Program

P.O. Box 6904

Fort Myers, FL  33911-6904

If you do not receive restitution within 60 days, contact the State Attorney Bad Check Restitution Program at (800) 832-1131.

ELIGIBILITY…

State law limits eligibility for the program or for prosecution to those checks that meet the following criteria:

A check is Eligible if…

·         It was received in the 20^th Judicial Circuit, deposited in a bank, and presumed “good” at the time of acceptance.

·         A “statutory notice” is sent to the check writer allowing 15 days to make the check good.

·         A photo I.D. (drivers license with state of issuance, military I.D., state identification card or check cashing card) was recorded at the time of transaction.

A check is Ineligible if…

• It is postdated.

• Both parties knew there were insufficient funds at the time of transaction.

• The identity of the check writer is unknown.

• There is no amount, date, or signature on the check.

• The check has not been processed by a bank.

• You were asked to hold the check before depositing or cashing it.

We strongly recommend submitting the check to the program within 90 days from the date of the check.

Checks ineligible for the State Attorney Bad Check Restitution Program may be pursued through small claims court action or by a private collection agency.