Worthless Checks

 

Worthless Checks

Florida Drivers License Sample

Checks written and accepted in person

The best way to prove the identity of a check writer is to take a photograph of the check writer at the time the check is written and record either the driver’s license number of the check writer (A), or the check writer’s full name (B), home address (C), telephone number, place of employment, sex (D), date of birth (E), and height (F) on the check.

A second option is to make a legible photocopy of the check writer’s driver’s license at the time the check is presented and record the driver’s license number on the check.

A third option is the ability to identify a check writer because he or she is a repeated customer, family member, neighbor or otherwise personally know to the individual who accepted the check.

Checks NOT Accepted by the State Attorney’s Office

  • Held Checks
  • Postdated Checks
  • Checks that are 90 days or older
  • Checks not received in person (i.e. received via mail, fax, or 3rd party)

Mandatory Identification of Unknown Check Writer

  • Photo of check writer at the time the check is tendered
  • DL number recorded on the check at the time the check is tendered
  • Name, DOB, sex, race, telephone number, address, and place of employment on check
  • Note:  If the check writer is personally known to the clerk or merchant, you must be able to state under oath the relationship (i.e. regular customer, neighbor, business associate; family, etc.)

Required Merchant Procedures

  • Demand Letter sent certified mail advising the writer of the check he/she has 15 days to pay restitution
  • Bring the check to the SAO if no restitution paid within the allowed 15 day period
  • Note:  If a copy, you must be able to provide the front and back of the check and check must be stamped NSF, Stop Payment, Closed Account and Account Not Found.
  • If a Stop Payment, the merchant must provide a statement as to the service provided.

Procedures for Filing a Worthless Check with the SAO

The State Attorney’s Office can only accept checks which have been returned and stamped for the following reasons:

  • Non Sufficient Funds (NSF)
  • Stop Payment
  • Closed Account
  • Account Not Found

Fill out the appropriate Worthless Check Affidavit below and have it notarized.

The Worthless Check Affidavits and instructions are available for download here:

Download Icon

Worthless Check Affidavit

Directions For Merchants Accepting Checks

Sample Demand Notice

Failure to provide required information on the appropriate affidavit may result in your complaint being rejected.

Bring or mail to the State Attorney’s Office, PTR Department (specific address for each county is noted below):

  1. A completed, notarized affidavit
  2. Original check or legible legal photocopy – both front and back
  3. A legible photocopy of the DL photo and/or the photograph of the individual cashing the check if available.
  4. A copy of the 15 day demand letter and a copy of the certified mail receipt.
  5. A copy of the contract or agreement, relating to the check and signed by the check writer if check was received by mail.

You will need to complete a worthless check affidavit for each check that you would like to file with the State Attorney’s Office.

Duval County:
220 East Bay Street, 2nd floor
Jacksonville, Florida 32202

Clay County:
825 North Orange Avenue
Green Cove Springs, Florida 32043

Nassau County:
76347 Veterans Way, Suite 2105
Yulee, Florida 32097

CIVIL REMEDIES

Florida Law provides more effective civil remedies for worthless checks than are provided for in criminal law. Pursuant to F. S. §68.065, the civil remedy allows for the payment of the check, damages for triple the face value of the check, interest, collection costs, court costs, and all attorney’s fees incurred in collecting money owed because of a worthless check. Prosecuting a check writer criminally does NOT guarantee reimbursement.