US Legal Forms
Localized Forms
Florida
St. Petersburg
Florida Notice of Dishonored Check - Civil - Keywords: bad check...

St. Petersburg Florida Notice of Dishonored Check - Civil - Keywords: bad check, bounced check

Name: St. Petersburg Florida Notice of Dishonored Check - Civil - Keywords: bad check, bounced check
Brand: US Legal Forms
Rating: 4.64 (302 reviews)

Category:

Collections - Dishonored Checks

State:

Florida

City:

St. Petersburg

Control #:

FL-401N

Format:

Instant download

Description

This is a Notice of Dishonored Check - Civil. A "dishonored check" (also known as a "bounced check" or "bad check") is a check which the bank will not pay because there is no such checking account, or there are insufficient funds in the account to pay the check. In order to attempt the greatest possible recovery on a dishonored check, the business owner, or any other person given a dishonored check, may be required by state law to notify the debtor that the check was dishonored.

Title: Understanding the St. Petersburg Florida Notice of Dishonored Check — Civil Introduction: The St. Petersburg Florida Notice of Dishonored Check is a legal document that serves to inform an individual or business about a bounced or bad check that they received as payment. This notice is an essential step in the legal process of handling dishonored checks and seeks to resolve the matter civilly. This article will provide a detailed understanding of what this notice entails, the consequences of a dishonored check, and various types of notices that can be issued. 1. Definition of a Dishonored Check: A dishonored check, also known as a bad check or bounced check, refers to a check that is rejected by the bank upon presentation for payment. This occurs when the account holder has insufficient funds, a closed account, or has placed a stop payment on the check, making it invalid. 2. Purpose of the St. Petersburg Florida Notice of Dishonored Check — Civil: The St. Petersburg Florida Notice of Dishonored Check — Civil serves as a formal notice to the check issuer, informing them that their check has been dishonored and outlining their legal obligations and consequences. This notice initiates the civil process and gives the issuer an opportunity to rectify the situation before further legal action is taken. 3. Consequences of a Dishonored Check: Depending on the severity and intent behind writing a dishonored check, there can be several consequences, such as: — Civil Penalties: The recipient of the dishonored check has the right to send a St. Petersburg Florida Notice of Dishonored Check — Civil to the issuer, demanding them to repay the original check amount along with associated fees and penalties. — Criminal Charges: In some cases, repeated issuance of dishonored checks or fraudulent intent can lead to criminal charges, which can result in fines and even imprisonment. — Damage to Credit Rating: A dishonored check can have a negative impact on the issuer's credit score, affecting their ability to obtain future loans or financial services. — Legal Costs: The issuer may be responsible for covering the legal expenses incurred by the recipient if the matter escalates to a court proceeding. 4. Types of St. Petersburg Florida Notice of Dishonored Check — Civil: Within the context of St. Petersburg, Florida, a Notice of Dishonored Check — Civil can be categorized into the following types: a. Initial Notice: The first notice sent to the issuer, informing them about the dishonored check and providing a reasonable time frame to rectify the situation. b. Final Notice: If the initial notice does not elicit a response or if the issuer fails to rectify the dishonored check, a final notice is sent. This notice usually includes a stricter deadline for payment and warns of potential legal action. c. Court Summons: In cases where the issuer fails to respond or refuses to repay the dishonored check amount, the recipient may file a civil lawsuit and serve a court summons to the issuer, compelling their appearance in court. Conclusion: Dealing with a dishonored check can be a complex and challenging process. The St. Petersburg Florida Notice of Dishonored Check — Civil acts as an official way to address the issue while providing opportunities for resolution in a civil manner. Understanding the consequences and different types of notices involved can help both parties navigate the process more effectively and seek amicable solutions.

Notice of Dishonored Check - Criminal - Keywords: bad check, bounced check

View this form

Santa Clara Responsive Declaration to Motion for Joinder and Consent Order of Joinder

View this form

Santa Clara Notice of Appearance and Response of Employee Benefit Plan

View this form

Santa Clara Summons - Joinder

View this form

How to fill out St. Petersburg Florida Notice Of Dishonored Check - Civil - Keywords: Bad Check, Bounced Check?

Regardless of one's social or occupational position, completing legal forms is an unfortunate requirement in contemporary society.

Frequently, it is almost unfeasible for someone lacking any legal experience to create this type of documentation from the beginning, primarily due to the intricate language and legal subtleties involved.

This is where US Legal Forms can be a lifesaver.

Confirm that the template you have located is appropriate for your area, as the laws of one state or region do not apply to another.

Examine the document and review a brief description (if available) of the situations for which the document can be utilized.

Our platform offers a vast repository of over 85,000 state-specific forms that are applicable for nearly any legal matter.
US Legal Forms also acts as an excellent resource for associates or legal advisors seeking to enhance their efficiency by using our DIY papers.
Whether you need the St. Petersburg Florida Notice of Dishonored Check - Civil - Keywords: bad check, bounced check or any other documentation that is appropriate for your state or region, with US Legal Forms, everything is readily available.
Here’s how you can obtain the St. Petersburg Florida Notice of Dishonored Check - Civil - Keywords: bad check, bounced check within minutes using our dependable platform.
If you are currently a subscriber, feel free to Log In to your account to access the required form.
However, if you are new to our library, make sure to follow these steps before downloading the St. Petersburg Florida Notice of Dishonored Check - Civil - Keywords: bad check, bounced check.

Form popularity

FAQ

PENALTY UPON CONVICTION: Generally the issuing of a worthless check for $150 or more for services or merchandise is a Third Degree Felony and if convicted the maker of the check could receive up to 5 years in prison and/or $5,000 fine.

Felony Issuing Worthless Checks The crime of Issuing Worthless Checks in an amount of $150 or more is a Third Degree Felony in Florida and is punishable by up to five (5) years in prison, five (5) years of probation, and a $5,000 fine.

Worthless checks (usually referred to by the acronym PWBC - Passing Worthless Bank Checks) are either 1st degree Misdemeanors or 3rd degree Felonies under Florida law.

A violation of the provisions of this subsection, if the check, draft, other written order, or debit card order is in the amount of $150, or its equivalent, or more, constitutes a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

Florida's worthless / bounced check law does not criminalize the mere writing a check when there are inadequate funds in your bank account. The law requires the prosecution to show that the accused knew (at the time the check was made or issued) that there were insufficient funds in his or her account.

Stat. §832.05) makes it not only a civil offense to write a bad check, or issue a check that the remitter knows has no funds and will not clear, but also makes it a misdemeanor or felony in the State of Florida, depending on the face amount of the worthless check.

Interesting Questions

More info

Filled with the smoke of whiskey stills in the 1790s.

Trusted and secure by over 3 million people of the world’s leading companies

Notice of Dishonored Check - Civil - Keywords: bad check, bounced check

Note: This summary is not intended to be an all-inclusive summary of the law of bad checks, but does contain basic and other provisions.

CIVIL PROVISIONS
Florida Statutes
TITLE VI - CIVIL PRACTICE AND PROCEDURE
CHAPTER 68 - MISCELLANEOUS PROCEEDINGS

Fla. Stat. Ch. 68.065 Actions to collect worthless payment instruments; attorney fees and collection costs. (Florida Statutes (2016 Edition)

68.065 Actions to collect worthless payment instruments; attorney fees and collection costs.

(1) As used in this section, the term payment instrument or instrument means a check, draft, order of payment, debit card order, or electronic funds transfer.
(2) In lieu of a service charge authorized under subsection (3), s. 832.062(4)(a), or s. 832.07, the payee of a payment instrument, the payment of which is refused by the drawee because of lack of funds, lack of credit, or lack of an account, or where the maker or drawer stops payment on the instrument with intent to defraud, may lawfully collect 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. The right to damages under this subsection may be claimed without the filing of a civil action.
(3)(a) In any civil action brought for the purpose of collecting a payment instrument, the payment of which is refused by the drawee because of lack of funds, lack of credit, or lack of an account, or where the maker or drawer stops payment on the instrument with intent to defraud, and where the maker or drawer fails to pay the amount owing, in cash, to the payee within 30 days after a written demand therefor, as provided in subsection (4), the maker or drawer is liable to the payee, in addition to the amount owing upon such payment instrument, for damages of triple the amount so owing. However, in no case shall the liability for damages be less than $50. The maker or drawer is also liable for any court costs and reasonable attorney fees incurred by the payee in taking the action. Criminal sanctions, as provided in s. 832.07, may be applicable.
(b) The payee may also charge the maker or drawer of the payment instrument a service charge not to exceed the service fees authorized under s. 832.08(5) or 5 percent of the face amount of the instrument, whichever is greater, when making written demand for payment. In the event that a judgment or decree is rendered, interest at the rate and in the manner described in s. 55.03 may be added toward the total amount due. Any bank fees incurred by the payee may be charged to the maker or drawer of the payment instrument.
(4) Before recovery under subsection (3) may be claimed, a written demand must be delivered by certified or registered mail, evidenced by return receipt, or by first-class mail, evidenced by an affidavit of service of mail, to the maker or drawer of the payment instrument to the address on the instrument, to the address given by the drawer at the time the instrument was issued, or to the drawer's last known address. The form of such notice shall be substantially as follows:
You are hereby notified that a check, draft, order of payment, debit card order, or electronic funds transfer numbered in the face amount of $ issued by you on (date) , drawn upon (name of bank) , and payable to , has been dishonored. Pursuant to Florida law, you have 30 days from receipt of this notice to tender payment in cash of the full amount of the dishonored payment instrument, 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 amount of the dishonored instrument, whichever is greater, the total amount due being $ and cents. Unless this amount is paid in full within the 30-day period, the holder of the dishonored payment instrument may file a civil action against you for three times the amount of the dishonored instrument, but in no case less than $50, in addition to the payment of the dishonored instrument plus any court costs, reasonable attorney fees, and any bank fees incurred by the payee in taking the action.
(5) A subsequent person receiving a payment instrument from the original payee or a successor endorsee has the same rights that the original payee has against the maker of the instrument, if such subsequent person gives notice in a substantially similar form to that provided in subsection (4). A subsequent person providing such notice is immune from civil liability for the giving of such notice and for proceeding under the forms of such notice, so long as the maker of the instrument has the same defenses against the subsequent person as against the original payee. However, the remedies available under this section may be exercised only by one party in interest.
(6) After commencement of the action but before the hearing, the maker or drawer may tender to the payee, as satisfaction of the claim, an amount of money equal to the sum of the payment instrument, the service charge, court costs, and incurred bank fees. Other provisions notwithstanding, 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.
(7) If the court or jury determines that the failure of the maker or drawer to satisfy the dishonored payment instrument was due to economic hardship, the court or jury has the discretion to waive all or part of the statutory damages.

History.s. 2, ch. 79-345; s. 1, ch. 86-89; s. 41, ch. 88-381; s. 1, ch. 89-303; s. 1, ch. 91-211; s. 1, ch. 96-239; s. 1, ch. 98-297; s. 1, ch. 2001-243; s. 1, ch. 2003-69; s. 1, ch. 2013-113.

Fla. Stat. Ch. 832.07 Prima facie evidence of intent; identity. (Florida Statutes (2016 Edition)

832.07 Prima facie evidence of intent; identity.(1) INTENT.(a) In any prosecution or action under this chapter, the making, drawing, uttering, or delivery of a check, draft, or order, payment of which is refused by the drawee because of lack of funds or credit, shall be prima facie evidence of intent to defraud or knowledge of insufficient funds in, or credit with, such bank, banking institution, trust company, or other depository, unless such maker or drawer, or someone for him or her, shall have paid the holder thereof the amount due thereon, together with a service charge not to exceed the service fees authorized under s. 832.08(5) or an amount of up to 5 percent of the face amount of the check, whichever is greater, within 15 days after written notice has been sent to the address printed on the check or given at the time of issuance that such check, draft, or order has not been paid to the holder thereof, and bank fees incurred by the holder. In the event of legal action for recovery, the maker or drawer may be additionally liable for court costs and reasonable attorney's fees. Notice mailed by certified or registered mail, evidenced by return receipt, or by first-class mail, evidenced by an affidavit of service of mail, to the address printed on the check or given at the time of issuance shall be deemed sufficient and equivalent to notice having been received by the maker or drawer, whether such notice shall be returned undelivered or not. The form of such notice shall be substantially as follows:

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 , 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 percent of the face amount of the check, whichever is greater, the total amount due being $ and cents. 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, a service charge, court costs, reasonable attorney fees, and incurred bank fees, as provided in s. 68.065.

Subsequent persons receiving a check, draft, or order from the original payee or a successor endorsee have the same rights that the original payee has against the maker of the instrument, provided such subsequent persons give notice in a substantially similar form to that provided above. Subsequent persons providing such notice shall be immune from civil liability for the giving of such notice and for proceeding under the forms of such notice, so long as the maker of the instrument has the same defenses against these subsequent persons as against the original payee. However, the remedies available under this section may be exercised only by one party in interest.

(b) When a check is drawn on a bank in which the maker or drawer has no account or a closed account, it shall be presumed that such check was issued with intent to defraud, and the notice requirement set forth in this section shall be waived.
(2) IDENTITY.
(a) In any prosecution or action under the provisions of this chapter, a check, draft, or order for which the information required in paragraph (b), paragraph (d), paragraph (e), or paragraph (f) is available at the time of issuance constitutes prima facie evidence of the identity of the person issuing the check, draft, or order and that such person is authorized to draw upon the named account.
(b) To establish this prima facie evidence:
1. The driver license number or state identification number, specifying the state of issuance of the person presenting the check must be written on the check; or
2. The following information regarding the identity of the person presenting the check must be obtained by the person accepting such check: The presenter's full name, residence address, home phone number, business phone number, place of employment, sex, date of birth, and height.
(c) The information required in subparagraph (b)2. may be provided by either of two methods:
1. The information may be recorded on the check; or
2. The number of a check-cashing identification card issued by the accepter of the check may be recorded on the check. In order to be used to establish identity, such check-cashing identification card may not be issued until the information required in subparagraph (b)2. has been placed on file with the accepter of the check.
(d) If a check is received by a payee through the mail or by delivery to a representative of the payee, the prima facie evidence referred to in paragraph (a) may be established by presenting the original contract, order, or request for services that the check purports to pay for, bearing the signature of the person who signed the check, or by presenting a copy of the information required in subparagraph (b)2. which is on file with the accepter of the check together with the signature of the person presenting the check.
(e) If a check is received by a payee and the drawer or maker has a check-cashing identification card on file with the payee, the prima facie evidence referred to in paragraph (a) may be established by presenting the signature found on the check-cashing identification card bearing the signature of the person who signed the check.
(f) If a check is received by the Department of Revenue through the mail or by delivery to a representative of the Department of Revenue, the prima facie evidence referred to in paragraph (a) may be established by presenting the original tax return, certificate, license, application for certificate or license, or other document relating to amounts owed by that person or taxpayer which the check purports to pay for, bearing the signature of the person who signed the check, or by presenting a copy of the information required in subparagraph (b)2. which is on file with the accepter of the check together with the signature of the person presenting the check. The use of taxpayer information for purposes of establishing the identity of a person pursuant to this paragraph shall be considered a use of such information for official purposes.
History. 1, ch. 75-189; s. 1, ch. 77-174; s. 1, ch. 79-345; s. 1, ch. 80-301; s. 2, ch. 86-89; s. 10, ch. 86-161; s. 1, ch. 86-198; s. 12, ch. 87-102; s. 2, ch. 89-303; s. 2, ch. 91-211; s. 1, ch. 94-207; s. 3, ch. 96-239; s. 1821, ch. 97-102; s. 3, ch. 98-297; s. 7, ch. 2004-273.

Notice of Dishonored Check - Civil - Keywords: bad check, bounced check

Note: This summary is not intended to be an all-inclusive summary of the law of bad checks, but does contain basic and other provisions.

CIVIL PROVISIONS
Florida Statutes
TITLE VI - CIVIL PRACTICE AND PROCEDURE
CHAPTER 68 - MISCELLANEOUS PROCEEDINGS

Fla. Stat. Ch. 68.065 Actions to collect worthless payment instruments; attorney fees and collection costs. (Florida Statutes (2016 Edition)

68.065 Actions to collect worthless payment instruments; attorney fees and collection costs.

History.s. 2, ch. 79-345; s. 1, ch. 86-89; s. 41, ch. 88-381; s. 1, ch. 89-303; s. 1, ch. 91-211; s. 1, ch. 96-239; s. 1, ch. 98-297; s. 1, ch. 2001-243; s. 1, ch. 2003-69; s. 1, ch. 2013-113.

Fla. Stat. Ch. 832.07 Prima facie evidence of intent; identity. (Florida Statutes (2016 Edition)

St. Petersburg Florida Notice of Dishonored Check - Civil - Keywords: bad check, bounced check

Description

Related forms

How to fill out St. Petersburg Florida Notice Of Dishonored Check - Civil - Keywords: Bad Check, Bounced Check?

Form popularity

FAQ

What is the penalty for writing bad checks in Florida?

Can you go to jail for writing a bad check in Florida?

Is bouncing a check a felony in Florida?

Is writing a bad check a felony in Florida?

How much does a bad check have to be to be a felony in Florida?

Is bouncing a check in Florida a crime?

Is a bounced check a felony in Florida?

Interesting Questions

What is a Notice of Dishonored Check in St. Petersburg?

Why would my check be considered 'dishonored'?

What happens when my check is dishonored?

Can I be held legally responsible for a dishonored check?

What should I do if I receive a Notice of Dishonored Check?

Can I dispute a dishonored check?

More info

Trusted and secure by over 3 million people of the world’s leading companies

St. Petersburg Florida Notice of Dishonored Check - Civil - Keywords: bad check, bounced check

Description

Related forms

Related legal definitions

How to fill out St. Petersburg Florida Notice Of Dishonored Check - Civil - Keywords: Bad Check, Bounced Check?

Form popularity

FAQ

What is the penalty for writing bad checks in Florida?

Can you go to jail for writing a bad check in Florida?

Is bouncing a check a felony in Florida?

Is writing a bad check a felony in Florida?

How much does a bad check have to be to be a felony in Florida?

Is bouncing a check in Florida a crime?

Is a bounced check a felony in Florida?