[FL] [FL] I’m a contractor that was given a bad check for payment. The client never made the payment right. What can I do?

Lexi, Chatbot

I’m sorry to hear about the issue with the bad check. Have you tried contacting the contractor to resolve this matter?

Lexi, Chatbot

Did you keep a record of the bad check and any communication regarding the payment issue?

Lexi, Chatbot

Is there anything else the lawyer should know before I connect you? Rest assured, they’ll be able to help with your payment dispute.

Andres Sanchez

Hello, my name is Andres Sanchez, and I am an attorney with 20 years of experience.

What state are you in?

Andres Sanchez

Under Florida law, you have several effective ways to pursue payment if a contractor gave you a bad check and still hasn’t paid:

1. Civil Remedy for a Worthless Check

Under Florida Statute §68.065, if you issue a written demand and the check writer doesn’t pay within 30 days, you can sue them in civil court for:

• The face value of the check
• Treble damages (three times the check amount, but not less than $50)
• Reasonable attorney’s fees, court costs, and bank fees

Action Steps:

• Send a certified or registered letter (or first-class mail with affidavit of service) to the contractor demanding full payment within 30 days.
• Include the check number, amount, bank name, and service charge as allowed by statute.
• If payment isn’t received, file a civil lawsuit — you can use Small Claims Court for amounts under $8,000.

2. Criminal Prosecution: Worthless Check

Passing a bad check can also be a criminal offense under Chapter 832 of the Florida Statutes.

• Over $150 → Third-degree felony
• Under $150 → First-degree misdemeanor

Action Steps:

• File a sworn complaint with your local State Attorney’s Office (SAO) — most have a dedicated “Worthless Check Division.”
• Submit the returned check, demand notice, and proof it was ignored.
• The SAO may prosecute and help you obtain restitution at no cost.

3. Contractor Deposit Law (if deposit on residential project)

If this bad check was for a home improvement deposit exceeding 10% of the contract, Florida Statute §489.126 applies:

• The contractor must pull permits within 30 days and start work within 90 days of permit issuance.
• Failure to comply allows you to send a formal certified demand letter; if ignored after 30 days, this triggers a presumption of intent to defraud.

Action Steps:

• Send a certified letter referencing §489.126 demanding refund, permit application, or start of work.
• Keep proof of mailing (return receipt).
• If ignored, report them to DBPR, sue for breach or theft, and pursue license penalties.

4. Small Claims / Breach of Contract Lawsuit

Even apart from the criminal process, you can file a civil claim for:

• Actual damages
• Attorney’s fees (if your contract allows)
• Interest and court costs

You can combine multiple claims: breach, fraud, unjust enrichment, and worthless check damages.

5. Practical Next Steps

• Send the statutory 30-day demand under §68.065 — certified mail, detailed info, and payment deadline.
• Prepare your civil or small claims case: gather contract, invoices, and bank return notices.
• File a complaint with the State Attorney’s Office for criminal review.
• If it was a deposit, use §489.126 for additional leverage.
• Track deadlines — these statutes have strict timing requirements.

Andres Sanchez

Good question. Here’s how I’d handle that strategically in Florida:

You’re dealing with both (1) a bad check and (2) an upcoming payment due — so handle them in sequence.

1. Keep the Bad Check Process Separate

• Florida’s worthless check statute (§68.065) has strict timelines.
• You must give a 30-day written demand specifically for the bounced check.
• The treble damages and penalties only apply to that check, so don’t mix it with other debts or payments.
• The State Attorney’s Office will also only handle that specific check for criminal purposes.

Action:

• Send the 30-day certified demand now, listing the check number, date, and amount.
• Include the statutory notice of treble damages and fees.

2. Treat the New Payment as a Separate Breach (if missed)

• If the payment due on the 10th isn’t made, that becomes a breach of contract claim.
• You can later combine it with your lawsuit for breach and quantum meruit (work performed).

Action:

• Mark the due date.
• If missed, send a separate demand letter with a 5–10 day cure period.
• After that, you can include both amounts in your civil lawsuit — but the worthless check still stands as a distinct statutory claim.

3. Practical Tip for Court

If you end up filing suit:

• File one lawsuit for all unpaid amounts.

Include:

• One cause of action for the bad check (under §68.065).
• One or more for breach of contract and unpaid invoices.
• Keep the demand letters separate to comply with the law.

Andres Sanchez

You can file your civil case in either:

• The county where the cause of action arose (where you did the work or deposited the check), or
• The county where the defendant resides.

If you performed the work or deposited the check in your county, that’s usually enough to establish venue where you are.

Criminal Worthless Check Complaint:

File it with the State Attorney’s Office in the county where the check was presented and dishonored — usually where you deposited it or your bank returned it unpaid.

That’s the jurisdiction for criminal action, not the check writer’s home county.