In a civil action for collection of a worthless check, Florida law allows for the payee to recover fees and costs associated with the attempt to receive payment from the worthless check. For example, a payee may charge the maker or drawer of the check a service charge not to exceed the service fees allowed under the statute, which is 5% of the face value of the instrument, or whichever is greater, when the plaintiff or payee makes a written demand for payment. Additionally, a payee may be entitled to attorney's fees associated with the litigation of the action. Further, any bank fees incurred by the payee may be charged to the maker or drawer of the check, draft, or order of payment.

In the event that judgment or decree is rendered, interest at the rate and in the manner described in the statute may be added toward the total amount due. Accordingly, where the treble damages and prejudgment interest are awarded, an award of prejudgment interest may be made on the face value of the instrument. However, interest on the statutory treble damages is improper, and prejudgment interest should not be ordered as a penalty, but rather as restitution to compensate the plaintiff for the loss of use of its money.

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.