In a civil action involving a worthless or dishonored check, where an agent signs the name of the represented person as the drawer of a check without indication of the representative status, and the check is payable from an account of the represented person who is identified on the check, the signer is not liable on the check if the signature is an authorized signature of the represented person. Under Florida law, if a check identifies the represented person, the agent who signs the check does not generally have to indicate his or her agency status. In general, all checks used today are in a personalized form and identify the person whose account the check is drawn from. For instance, a corporate officer is not liable personally for the amount of a corporate check, even though the corporate title does not appear before the officer's signature. Therefore, in a lawsuit, a judgment imposed against the officer for payment of the check is a fundamental error. However, a West Palm Beach collections lawyer will advise a plaintiff that in a worthless check claim both a corporate principal and the representative may both be held liable, if a representative's personal obligation on the checks is established, the agent may be held personally liable.

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.