Someone paid you with a check that bounced. Florida law can get you back the money — and sometimes triple it — but only if you do one step in the right order first.
Lets the person holding a bad check sue for triple the amount owed, after a proper 30-day written demand.
Makes issuing or passing a worthless check with intent to defraud a misdemeanor or — at $150+ — a felony.
Sets the presumption of fraud and the dishonor-notice procedure that drives the whole recovery process.
A "bad check" is a check (or draft, debit-card order, or electronic payment) that the bank refuses to pay — usually because the account has insufficient funds, has been closed, or never existed, or because the person stopped payment to cheat you. Florida gives you two separate paths when this happens to you, and you can use one or both:
The civil path is about getting your money. It is powerful because it can multiply what you collect by three. The criminal path is about holding a dishonest check-writer accountable; it can also produce restitution, but you don't control it — the State Attorney does. Most everyday disputes (a customer's check bounces, a tenant's deposit check is no good) are resolved through the civil path, often in small claims court.
Get the reason from your bank or the returned-check notice: insufficient funds, account closed, no account, or stop-payment. Keep the original check (or an image), the deposit slip, and any bank fee receipts. The reason matters: an honest dispute behind a stop-payment is different from one made "with intent to defraud."
This is the step people skip — and skipping it is what costs them the triple damages. Florida requires a written demand, delivered by certified or registered mail with a return receipt (or first-class mail with an affidavit of service), sent to the address on the check or the writer's last known address. It must contain the exact statutory language and give the writer 30 days to pay in full. A sample is below.
If the writer pays the face amount plus the allowed service charge and your bank fees within 30 days, you're made whole and the matter ends. If they don't, the door to treble damages opens.
For amounts up to $8,000 (as of 2026), Florida small claims court is the fast, low-cost option you can handle yourself. Larger amounts go to county or circuit court. In your suit you ask for the check amount, triple damages, court costs, attorney fees, and bank fees.
You can also turn the dishonored check over to your county's State Attorney Worthless Check Program. It's typically free to you, and the office pursues payment, fees, and possible prosecution against the writer.
Treble damages under § 68.065 are not automatic. You only earn the right to ask for them after you have sent the proper written demand and waited 30 days with no payment. Sue first, or send a casual "please pay me" email instead of the statutory certified-mail demand, and a court can limit you to the face value of the check alone. The letter is cheap; the mistake is expensive. Send the letter, keep the green certified-mail receipt, and calendar the 30 days.
| Item | Amount | Notes |
|---|---|---|
| Face value of the check | 100% of what you were owed | Always recoverable. |
| Service charge | $25 (check ≤ $50) $30 ($50.01–$300) $40 (over $300) or 5% of the check — whichever is greater | You may charge this when you make written demand. |
| Bank fees you actually paid | Your actual returned-item fees | Keep the receipts. |
| Triple (treble) damages | 3× the amount owed, never less than $50 | Only after a proper 30-day demand goes unpaid. |
| Court costs & attorney fees | Reasonable amounts | The writer is liable for these in your civil action. |
You generally choose either the service charge or the treble-damages route for a given check, not a stacked combination of both — your demand letter sets this up. A quick consult or your county clerk's small-claims self-help desk can confirm how to frame the numbers for your specific check.
Florida prescribes the wording of this notice. Send it by certified mail, return receipt requested. Fill in every blank with your own facts:
You are hereby notified that a check numbered [check #], in the face amount of $[amount], issued by you on [date], drawn upon [bank name], and payable to [your name], has been dishonored.
Pursuant to Florida law, you have 30 days from receipt of this notice to tender payment of the full amount of the check plus a service charge of $25 if the face value does not exceed $50, $30 if it exceeds $50 but not $300, $40 if it exceeds $300, or 5 percent of the face amount, whichever is greater — the total amount due being $[total].
Unless this amount is paid in full within the time specified, the holder of the check may turn it over to the state attorney for criminal prosecution. You may also be 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 bank fees.
Match the statutory language closely — courts expect it. If you're unsure, your State Attorney's Worthless Check Program will often provide the form, or you can adapt the version published with Fla. Stat. § 832.07.
| Civil (§ 68.065) | Criminal (§ 832.05) | |
|---|---|---|
| Goal | Get your money — possibly tripled | Punish fraud; possible restitution |
| Who runs it | You (or your attorney) | The State Attorney |
| Where | Small claims / county / circuit court | Criminal court |
| Outcome | Money judgment up to 3× plus fees | Misdemeanor (<$150) or felony ($150+); jail/probation/restitution possible |
| You must prove | Dishonor + proper demand unpaid | Intent to defraud / knowledge of insufficient funds |
Nearly every Florida State Attorney's Office runs a Worthless Check Diversion / Enforcement Program. You submit the bad check and your demand-notice paperwork; the office pursues the writer for the face amount, fees, and program costs — and the writer can be diverted into a payment-and-education program instead of prosecution. It usually costs the victim nothing. Search "[your county] State Attorney worthless check program" to find the intake form.
Often yes. Even on a small check, the law guarantees damages of at least $50, and you can add the service charge and your bank fees. The certified-mail demand letter alone prompts many people to pay simply to avoid triple damages and a criminal referral.
Yes. Florida small claims court handles disputes up to $8,000 (as of 2026) and is designed to be used without a lawyer. Your county clerk's office has the forms and a self-help desk. Bring the check, your demand letter, the certified-mail receipt, and your fee documentation.
A closed account actually helps your case — it points toward intent to defraud or knowledge of no funds, which strengthens both the civil claim and any criminal referral. Note it in your records and on your State Attorney intake form.
It depends on the amount and the State Attorney's discretion. Under $150 it's a first-degree misdemeanor; $150 or more is a third-degree felony. Many first-time writers are routed into a diversion program — paying restitution and completing a class — rather than being prosecuted. Jail is possible but is not the typical outcome for a single small check.
Not automatically. Florida law says that in a worthless-check prosecution, after-the-fact payment is not by itself a defense or a ground to dismiss the charge. As a practical matter, restitution often resolves matters through diversion — but that's the prosecutor's call, not a right.
Don't wait. Civil claims on a written instrument generally must be filed within several years, and criminal referrals are far more effective while the trail is fresh. Send your demand letter promptly, keep your 30-day clock, and file or refer soon after.
This article is general legal information about Florida law, not legal advice, and does not create an attorney–client relationship. Statutes and dollar amounts change. For advice about your specific check, consult a licensed Florida attorney or your county clerk's small-claims self-help resources.