Miami Bounced Check Lawyer

A business paid with a check that does not clear can pursue civil recovery, but the remedy depends on the bank's reason for returning it and the required notice. Miami attorney Aaron Resnick of Law Offices of Aaron Resnick reviews worthless check demands and lawsuits for businesses as part of the firm's unpaid money cases.

South Florida Business Journal named Miami attorney Aaron Resnick as Colonial Bank's lawyer in its March 2, 2009 report on a Miami Beach developer's Chapter 11 filing. The newspaper described Colonial Bank as the largest listed creditor.

When Does Florida's Civil Bad Check Law Apply?

Under chapter 68, Florida Statutes, the civil remedy covers checks refused for lack of funds, credit or an account, and payments stopped with intent to defraud. A returned check alone does not establish which remedy fits. Law Offices of Aaron Resnick reviews the bank notice and the underlying payment dispute.

General example: A business delivers goods, but the customer's check is returned unpaid. The invoice, delivery record and bank notice help explain what was sold, what remains unpaid and why the payment failed.

What Notice Is Required Before Claiming Additional Damages?

Before seeking additional damages under chapter 68, a business must send the required written demand. The statutory notice gives the check writer 30 days from receipt to pay the full check amount in cash plus the permitted service charge. Attorney Aaron Resnick reviews the demand and mailing proof before a claim is filed.

The statute specifies the address and mailing methods: certified or registered mail with a return receipt, or first class mail supported by an affidavit documenting service by mail. Do not assume an email or an overdue invoice satisfies that procedure.

That notice requirement concerns the additional statutory recovery described here. It is not a statement that every unpaid business debt follows the same notice procedure.

Can My Business Recover More Than the Check Amount?

A qualifying claim under chapter 68 can seek the unpaid check balance plus damages of three times that balance. The damages minimum is $50, and the required notice and payment period come first. Attorney Aaron Resnick reviews the notice, payments and defenses before seeking that statutory recovery.

After suit begins but before the hearing, the check writer may tender the check amount, permitted service charge, court costs and incurred bank fees to satisfy the claim. Attorney fees and collection costs remain payable under chapter 68. A court or jury may also waive statutory damages for economic hardship.

Which Court Handles a Bounced Check Claim?

Florida small claims procedure covers money claims up to $8,000, excluding interest, court costs and attorney fees. County court under chapter 34 generally handles civil money claims up to $50,000 with the same exclusions. Law Offices of Aaron Resnick reviews the total damages sought, not just the check's face amount.

Larger civil money claims generally belong in circuit court under chapter 26. The Miami Dade Clerk explains filing and service requirements for local cases. The defendant's location and the transaction help determine the proper county for filing.

What Happens After the Demand?

After reviewing any payment or response, Attorney Aaron Resnick of Law Offices of Aaron Resnick discusses settlement or a civil lawsuit with the business. Filing is not payment. Service, disputed facts and the court's schedule affect the next stages, so a contested claim has no single completion date.

1. Review the response: Record any payment, disputed invoice or explanation for stopping payment before deciding what remains owed.

2. Prepare the case: Identify the correct defendant, arrange service of the court papers and organize the check, bank notice and transaction records.

3. Address collection: A judgment may require further collection steps. Review payment and enforceability before treating an award as money received.

What If the Check Writer Cannot Pay?

A judgment does not create money or assets the check writer lacks. Law Offices of Aaron Resnick reviews collection prospects as well as the legal claim. A bankruptcy filing can restrict collection activity; bring any bankruptcy notice and court deadline for review before sending another demand or continuing a lawsuit.

How Can a Business Reduce Future Check Problems?

Set written payment terms, confirm the customer's legal name and contact details, and decide when goods will be released. Ask your bank how to check a deposit's status rather than relying only on the available balance. Law Offices of Aaron Resnick reviews payment terms and business payment disputes.

Review alternatives such as card or electronic payments with your bank or payment provider. Changing the payment method does not replace clear terms and a record of what the customer agreed to pay.

What Should I Bring for a Civil Recovery Review?

Bring the check, bank return notice, invoice or contract, delivery records, earlier demands, mailing proof and the check writer's responses. Identify any court papers or approaching deadline. Attorney Aaron Resnick reviews the payment dispute and available next steps before the business and firm agree on the scope of work.

Keep originals ready for secure review. Do not put full bank account numbers or complete check images in the initial inquiry.

For another explanation of the same problem, read What Can I Do About a Worthless Check in Florida?

For other unpaid obligations, see Does Someone Owe You Money?, including invoices, loans, personal guarantees and unpaid judgments.

Sending an inquiry does not create representation.

Send the parties, the problem and the next date; the firm reviews every inquiry and tells you whether it can help.

We Don't Make Promises. We Have Results to Prove It.

Aaron Resnick has handled business disputes in Miami since 1998 and is a fourth generation Miami resident. He works hands-on on every case; the client gets Aaron on every major litigation issue, not a junior partner. The Law Offices of Aaron Resnick represents large corporations, Miami businesses and their owners, professional athletes and entertainers in Miami Dade, Broward and Palm Beach counties and across Florida in business litigation and business counsel. Call 305-672-7495 or request a consultation.

This page provides general information and is not legal advice. Prior results do not guarantee or predict a similar outcome.