To combat the adoption of worthless controls, our citizens need to be aware of Florida`s worthless control laws and the procedures required to ensure that the prosecution of these cases is possible. Our citizens, contractors and their employees are the first line of defense against worthless ladies. Our criminal defense attorneys are ready to defend you, whether you intentionally cashed a worthless check to get money to pay an overdue mortgage bill, or you and your colleagues executed a sophisticated scam to steal your business or nonprofit. If you are the victim of a worthless cheque, but the prosecutor cannot pursue the case by prosecuting the crime, filing a civil lawsuit in small claims court may be your best option. You must contact the clerk of the county where you accepted the cheque, and he or she will help you do so. It is a defence against the crime of issuing worthless cheques if the payee knew, should have known or was explicitly informed that the payer did not have sufficient funds to cover the cheque at the time of its issue. [3] The crime of issuing worthless cheques may be prosecuted as an offence or felony, depending on whether the worthless cheque was issued for $150 or more. If a credit card procedure is used, the accepting party must write the cheque exchange card identification number on the cheque. Such a cheque exchange card will only be issued after the information has been deposited by the merchant and the card contains the cardholder`s signature. If you`re accused of writing worthless checks, contact an Orlando defense attorney at TK Law Firm today for free legal advice. An experienced lawyer will explain the allegations against you and how you can fight for the charges to be reduced and, in some cases, dismissed.
In cases where bad checks are written with the intent of malicious or dishonest behavior, our defense attorneys will develop a defense strategy to prove your innocence or position you for the harshest possible sentence if you are convicted. Even if a prosecutor pursues the worthless check case, an experienced Florida defense attorney may decide to drop the charges in exchange for paying compensation to the victim. This can also happen in the event that the defendant successfully raises any of the aforementioned objections. Payment of the funds necessary to pay a cheque within a reasonable time after a cheque has been issued, but before it has been cashed, is prima facie evidence that a person knew that his or her bank account did not have sufficient funds. [2] The cheque author has two options: meet the requirements of the program, which includes reimbursement to the victim, or face possible prosecution. Unlike the crime of obtaining property through worthless cheques, issuing worthless cheques is a crime, whether or not something of value was obtained in exchange for the cheque. [1] Please note that there is also a statute of limitations for processing a claim against the payer of a worthless cheque and filing a lawsuit. In general, issuing a worthless cheque of $150 or more for services or goods is a third-degree crime and, if convicted, the maker of the cheque could face a prison sentence of up to 5 years and/or a fine of $5,000. If the check is less than $150, the crime is a first-degree offense that can be punished with up to 1 year in jail in the county and/or a $1,000 fine. Pursuant to section 832.05 (2) (a), the laws of Florida make it a criminal offense for any person, business or business to obtain services, goods, or other things of value through a check, draft, or other written order in which, at the time such a check is issued, knowing that there are not enough funds deposited to cover the transaction.
Orlando`s criminal defense team at law firm TK can help you manage allegations and develop a strong and credible defense strategy. There are many ways to defend yourself against worthless check fees, including: Anyone who issues a “worthless check” in Florida can be sued under Chapter 832 of the Florida Statutes. A person is deemed to have the intent to cheat or to have knowledge of insufficient funds in the bank used, unless he or someone for him has paid the holder of the worthless check the false amount of the check as well as a service fee that does not exceed the service fee approved under section 832.08 (5) of the Florida Statutes or an amount of up to 5% of the principal amount of the check, the highest amount being withheld, within 15 days (30 days in the case of civil actions) from the receipt of a written notice that this cheque has not been paid to the holder and the bank charges incurred by the holder. Florida Stat. § $832.07 million is lost to Florida citizens and business owners each year due to worthless checks. The prosecutor`s objective is to obtain full reparation for the victims of this crime. The person accepting the cheque has been notified or has had reason to believe that the cheque author does not have sufficient funds to ensure payment (for example, in the recent past, you have accepted several bad cheques from the person and accepted a cheque for a previous bad cheque); the test is redatted; You agree to keep the cheque until a certain time in the future and not to present it for immediate redemption. Also note that accepting a partial payment on a previous bad check may prevent you from pursuing the case. In the case of a lawsuit or legal action for a worthless cheque, payment of the cheque by the debtor does not constitute a defence or grounds for dismissing the charge. Fla. Stat. § 832.05(5).
However, if the court finds that the non-satisfaction of the disgraced cheque is due to economic hardship, it is at the discretion of the court to waive the damages provided for by law, in whole or in part. What should I do to protect myself from being the victim of a worthless cheque? The acceptance of a cheque as a means of payment for goods or services is not mandatory. Insisting on cash or certified cheques and money orders is a legitimate option. Under Florida law, it is both a civil and criminal offense to write a check that doesn`t have enough funds or write a bad check. In fact, it is a crime or crime in Florida to write a bad check, the specific fee of which depends on the amount for which the check was written. If the cheque is written for less than $150, the offence will be charged with a second-degree offence that can be punishable by 60 days in prison or six months` probation. If the cheque is written for $150 or more, the crime is considered a third-degree crime punishable by up to five years in prison. If you are the victim of a worthless bank check, contact the attorney of the judicial district where the check was accepted and he will assist you in the collection process. Issuing a worthless cheque or stopping paying a cheque with the intent to commit fraud of $150 or more is a third-degree crime punishable by fines of up to $5,000 and imprisonment for up to 5 years. Stop Payment cheques can be prosecuted, but are usually legitimate ways to resolve a contractual dispute. They are usually resolved in a civil action in small claims court. Cheques returned “Drawer signature(s) not authorized” are usually fakes signed by someone other than the current account holder.
These checks must be submitted to the sheriff`s office or local authorities for investigation. Fla. Stat. § 68.065 (for civil actions for the recovery of worthless cheques, bills of exchange or payment orders) allows the reimbursement of three times the damages, service fees, attorneys` fees and costs if its provisions are not respected. Before a legal dispute is initiated, that of Fla. Stat. § 68.065 specified form of notification by registered or registered mail or first class mail, supported by an affidavit of delivery of the mail, be served on the manufacturer or drawer of the check, draft or payment order. Upon proper notice, the manufacturer or drawer is liable to the recipient, in addition to the amount due on the cheque, for damages equal to three times the amount due, legal service charges based on the amount of the cheque, reasonable attorneys` fees and court costs.
If the notification is sent by registered mail and the recipient refuses to claim the notice of termination or sign the postal receipt, the legal obligation of termination is fulfilled. Under Florida law, it is a criminal offense for a person to write a check to a merchant and later stop paying the check that is supposed to deceive them. This is different from the crime of receiving goods or services from a cheque that is worthless. The cheque must be signed or confirmed in the presence of the person accepting it, and the clerk or acceptor MUST INITIALIZE and date the examination to recognize this fact.