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Oh Crap Someone Gave You a Bad Check Now What?

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The Lien Zone

Getting an NSF or bad check from your customer sucks.  Here are a few things you can do to try to collect, from the simple, to the criminal, to getting treble damages and your legal fees.  If you have questions about bad checks or collections, send me an email at [email protected]. And here is the info I reference in the video.  #MiamiConstruction. 


Criminal Bad Check Resources:
Google “[YOUR COUNTY] bad check restitution program” to find your local resources.


Civil Bad Check Demand Letter:

[YOUR LETTERHEAD/ADDRESS]

[DATE]

Via Certified Mail – Return Receipt
and Regular Mail:
[CUSTOMER NAME AND ADDRESS]

RE:        [YOUR COMPANY NAME] adv. [YOUR CUSTOMER NAME]
              Bad Check [CHECK #] issued to [YOUR COMPANY NAME]

Dear [NAME]:

You are hereby notified that check numbered [CHECK #] in the face amount of [CHECK VALUE] issued by [CUSTOMER NAME AS STATED ON CHECK] dated [DATE CHECK WAS ISSUED], drawn upon [NAME OF BANK THAT ISSUED THE CHECK] and payable to [YOUR COMPANY NAME] has been dishonored. Pursuant to Florida law, [CUSTOMER NAME AS STATED ON CHECK] has 30 days from receipt of this notice to tender payment in cash of the full amount of the check plus a service charge of $25, if the face value does not exceed $50, $30, if the face value exceeds $50 but does not exceed $300, $40, if the face value exceeds $300, or 5 percent of the face amount of the check, whichever is greater, the total amount due being [$____ AMOUNT OF THE CHECK PLUS THE PENALTY LISTED ABOVE].

Unless this amount is paid in full within the 30day period, the holder of the check or instrument may file a civil action against [CUSTOMER NAME] for three times the amount of the check, but in no case less than $50, in addition to the payment of the check plus any court costs, reasonable attorney fees, and any bank fees incurred by the payee in taking the action. This is a most serious matter. No additional letters will be sent, so please act accordingly.

Regards,
[SIGN LETTER]

posted by poporalth