[FL] [FL] What can I do if a contractor gave me a bad check for payment?

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?

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

Legal Remedies Under Florida Law

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 for:

• The face value of the check
• Treble damages (3x the check amount, minimum $50)
• Reasonable attorney’s fees, court costs, and bank fees

Action Steps:

• Send a certified (or first-class with affidavit) letter demanding payment within 30 days.
• Include the check number, amount, bank info, and any applicable service charges.
• If unpaid, sue in civil court (use Small Claims Court if under $8,000).

2. Criminal Prosecution for Worthless Check

Under Florida Chapter 832:

• Over $150 = third-degree felony
• Under $150 = first-degree misdemeanor

Action Steps:

• File a sworn complaint with the local State Attorney’s Office (SAO), which may have a dedicated worthless check division.
• Submit the check, demand letter, and proof of non-payment.

3. Contractor Deposit Law (Home Projects)

If the bad check was a deposit over 10% for a residential project, Florida Statute § 489.126 may apply:

• Permits must be pulled within 30 days
• Work must begin within 90 days of permit issuance

Action Steps:

• Send a certified letter demanding a refund or compliance
• Keep return receipt and report to DBPR if ignored
• You may also pursue civil remedies or licensing actions

4. Small Claims / Breach of Contract

You can file a lawsuit for:

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

Claims May Include:

• Breach of contract
• Fraud
• Unjust enrichment
• Worthless check damages

Next Steps (Summary)

• Send a certified 30-day demand under § 68.065 for the bad check.
• Prepare a civil claim or Small Claims action.
• File a complaint with the State Attorney’s Office.
• f the check was a home-improvement deposit over 10%, send a § 489.126 demand.
• Track deadlines — timing is important.

Andres Sanchez

Good question. Here's how to approach it strategically:

1. Handle the Bad Check Separately (First)

• Florida law requires a 30-day written demand for the specific check to trigger treble damages.
• Keep this process clean and separate for both civil and potential criminal enforcement.
• Send the certified demand letter now referencing the bounced check.

2. Handle Upcoming Payment Separately (if Unpaid)

• If the payment due on the 10th is missed, it’s a separate breach of contract.
• Send a new written demand (5–10 days to cure).
• If unpaid, include it in a broader civil suit — but keep the bad check as a distinct cause of action.

3. Filing in Court

You’ll likely file one lawsuit for all unpaid amounts:

• One cause of action for the bad check (with statutory penalties).
• One or more for breach of contract for unpaid invoices.

But your demand letters should be separate:

• One 30-day certified demand for the bad check.
• One standard demand letter if the second payment is missed.

Andres Sanchez

For a civil suit, you can file:

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

For a criminal complaint (worthless check):

• File with the State Attorney’s Office in the county where the check bounced — usually your bank’s location or where you deposited it.