If you are selling goods or services personally (selling household items, for example), but especially if you are selling goods or services as a small business, and accepting payment in the form of a check, you are bound to experience at some point receiving a worthless check. Florida Statutes section 68.065 provides a civil remedy for anyone who receives a worthless check.
Subsection (1) of this section defines a "payment instrument" as a check, draft, order of payment, debit card order, or electronic funds transfer. Subsection (2) provides for the recovery of " bank fees actually incurred by the payee in the course of tendering the payment, 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 5 percent of the face value of the payment instrument, whichever is greater." It should be noted that the right to collect bank fees may be claimed without filing a lawsuit.
If you choose to file a civil lawsuit to collect payment on a worthless check (or other payment instrument), before filing such a lawsuit, a written demand must be delivered by certified or registered mail to the maker or drawer of the payment instrument. The written notice must be substantially in the form of the notice found in subsection (4) of F.S. 68.065. If successful in such an action, the maker or drawer of the payment instrument may be liable to the payee, in addition to the amount of the payment instrument, for damages amounting to three times the amount of the payment instrument and, in no case, for damages less than $50.00.
Another provision of the statute states that "the maker or drawer is liable to the payee for all attorney fees and collection costs incurred by payee as a result of the payee’s claim." It is always a plus when the defendant has to reimburse the plaintiff for its attorney's fees and costs which will be included in the judgment.
Sometimes it is not too difficult to obtain a judgment. Then, the judgment creditor has to collect the judgment or the money awarded from the judgment debtors which is sometimes a more difficult task. If you are interested in retaining my services relating to obtain and collect a money judgment Jupiter, Palm Beach Gardens or throughout Florida, please feel free to contact me at (561) 602-4447 or liz@elizabethmontgomerylaw.com or visit my website at www.elizabethmontgomerylaw.com.
Subsection (1) of this section defines a "payment instrument" as a check, draft, order of payment, debit card order, or electronic funds transfer. Subsection (2) provides for the recovery of " bank fees actually incurred by the payee in the course of tendering the payment, 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 5 percent of the face value of the payment instrument, whichever is greater." It should be noted that the right to collect bank fees may be claimed without filing a lawsuit.
If you choose to file a civil lawsuit to collect payment on a worthless check (or other payment instrument), before filing such a lawsuit, a written demand must be delivered by certified or registered mail to the maker or drawer of the payment instrument. The written notice must be substantially in the form of the notice found in subsection (4) of F.S. 68.065. If successful in such an action, the maker or drawer of the payment instrument may be liable to the payee, in addition to the amount of the payment instrument, for damages amounting to three times the amount of the payment instrument and, in no case, for damages less than $50.00.
Another provision of the statute states that "the maker or drawer is liable to the payee for all attorney fees and collection costs incurred by payee as a result of the payee’s claim." It is always a plus when the defendant has to reimburse the plaintiff for its attorney's fees and costs which will be included in the judgment.
Sometimes it is not too difficult to obtain a judgment. Then, the judgment creditor has to collect the judgment or the money awarded from the judgment debtors which is sometimes a more difficult task. If you are interested in retaining my services relating to obtain and collect a money judgment Jupiter, Palm Beach Gardens or throughout Florida, please feel free to contact me at (561) 602-4447 or liz@elizabethmontgomerylaw.com or visit my website at www.elizabethmontgomerylaw.com.
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