In a civil action for collection of a worthless check, a plaintiff or payee may initiate the lawsuit if the maker of the check fails to pay the amount owed within 30 days of a written demand by the payee to the maker or drawer of the worthless check. A West Palm Beach collections lawyer will advise a plaintiff that under Florida law, the 30 day period is mandatory. For example, in a action for collection of a bad check returned due to insufficient funds, the drawee should not have filed suit before the 30 day statutory notice period had expired, thus, the drawer of the check was entitled to an order from the court abating the action until the expiration of the notice period. Additionally, a check maker is liable under the statute only if the payment has been stopped on a check and the maker intended to defraud the payee, and the maker fails to pay the amount within 30 days of the written demand. For instance, a property owner did not have the requisite "intent to defraud" when it stopped payment on a check, which was sent to a contractor as an advance payment for the work to be performed on a construction project because the owner notified the contractor that he would not proceed with the project on the same day that the he notified the bank to stop payment, and the check was not a payment for services rendered. Further, under the Florida Statute, the 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 check.

A cause of action for collecting a worthless check, draft or order of payment may have many complex issues. Therefore, you should consult with an experienced West Palm Beach collections lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.