Pursuant to Florida Statute § 68.065(1), a civil action may be initiated by a plaintiff for the purpose of collecting on a worthless or bad check, draft, or order of payment, in which the payment was refused by the drawee because of a lack of funds, or where the maker or drawer stops the payment of a check, draft or order of payment for the purpose of defrauding a person or business, and fails to pay the amount owed within 30 days of a written demand. A plaintiff or payee should consult with a West Palm Beach collections lawyer, whom will advise the plaintiff of the essential elements for collection of a worthless check, which are:

• The payment was refused by the drawee because of a lack of funds, credit, or an account or where the maker or drawer stops the payment of the check to defraud the payee;
  
  

  The maker of the check fails to pay the amount owed within 30 days of a written demand;

  The plaintiff or payee may recover the face value of the check and triple the amount of the face value of the check; and

  The damages may not be less than $50.

  Additionally, a West Palm Beach collections lawyer will ensure that a copy of the check is attached to the complaint. Further, in addition to the complaint for the worthless check collection, a plaintiff may assert a cause of action for a breach of the contract which the check was intended to compensate.

  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.