What is the legal process when i receive some checks ( thirds party check ) that do not have funsds.

Asked about 1 year ago - Miami, FL

i have a check and cashing store i would like to know what is legal process i should take in order to recuperate the money the value of $ 5000

Attorney answers (3)

  1. Stephen Ross Verbit


    Contributor Level 13


    Lawyer agrees


    Answered . I interpret your question as asking how to take action if you have received a worthless check. Florida law provides a legal procedure by which you can make demand for payment of the amount of the worthless check plus a service charge, and, if not paid within 30 days, you can file a civil lawsuit in which you can recover the amount of the check plus three times the amount of the check plus court costs, attorneys fees, and bank fees. Contact me or another lawyer for details.

  2. Netali Peles

    Contributor Level 6

    Answered . If you are stating that you have a check which bounced for non sufficient funds, there is a statute which protects you if you follow the process correctly. If you do, you may be able to recover three times the amount, as the other attorney mentioned.
    In addition to that, there is also a criminal remedy you can follow to have the state prosecute/investigate the case.

  3. Jeffrey B. Lampert


    Contributor Level 19

    Answered . I strongly suggest that you retain an attorney to assist you in setting up a procedure for when events like this occur.

    You have remedies against both the party that signed the check over to you and the party that issued the check. Do not be surprised if the party on whose account the check was written claims that the check was stolen.

    I hope you found this response to be helpful. If so, your clicking "helpful" and/or "best answer" helps my Avvo... more

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