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LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 25903
Experience:  10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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If a person holds a check than 30 days before depositing

Customer Question

If a person holds a check for more than 30 days before depositing it in Florida can they pursue a criminal complaint for a nsf check?
Submitted: 1 year ago.
Category: Legal
Expert:  LegalKnowledge replied 1 year ago.
Yes, they could but prior to, they need to place the party on notice, regarding making good on the check. They need to send the required 15-day statutory notice letter to the person who gave them the worthless check. This gives the person passing the bad check seven(7) days from the receipt of your letter a notice to pay you the face amount of the check, plus a service charge which should not exceed the following amounts:Amount of Check $50.00 or Less........................... Fee = $25 per CheckAmount of Check $50.01 - $300.00....................... Fee = $30.00 per CheckAmount of Check $300.01 or More....................... Fee = $40.00 per CheckOr an amount equal to 5% on the face Value of the Check, whichever is greater. Worthless checks are either 1st-degree Misdemeanors or 3rd-degree Felonies under Florida law. A 1st-degree Misdemeanor can mean up to one year in a County Jail and a $1,000 fine, while a 3rd-degree Felony can mean up to five years in a State Prison and a $5,000 fine. Sentences may also include probation, payment of supervision costs(probationary fees),payment of restitution, merchant fees(based on the value of the check), community service work, and court costs.Most first offenders are allowed the take advantage of the Worthless Check Diversion Program through the State Attorney's Office
Customer: replied 1 year ago.
About 2 moths ago I entered into 2 transactions with a client who I gave 2 separate checks to that were postdated(although I cannot prove that) and we agreed that he would hold the checks until I could pay him cash. I incurred some financial problems that resulted in y not being able to pay him but we had numerous communications about it. He then emailed me a proposal that I pay him for one check and after receiving the payment he would then accept multiple payments on the other check. I agreed to this. but before he was to receive the first payment for the first check he deposited both checks and they bounced.
Customer: replied 1 year ago.
???
Expert:  LegalKnowledge replied 1 year ago.
What was the point of giving him a check that would not clear and then holding them, until you could pay him cash, when the cash would be in the account and he could just deposit the check? I understand giving him the check and asking that he wait to cash them but to them have to give him cash would defeat the purpose of him having the check, if the funds would never be in the account.
Customer: replied 1 year ago.
I would not have deposited the cash when I had it I just would have given it to him and he preferred the cash to depositing the checks. but you did not advise as to the legal status as to whether under the circumstances he could file a successful complaint.
Expert:  LegalKnowledge replied 1 year ago.
Thank you for the reply. It is unlikely that this would be prosecuted criminally. The reason being is that he knew the funds were not present in the account and you and this person had an agreement, whereby he would hold the checks until you gave him the checks. Everything was disclosed and advised of, regarding the check and that there were no funds present at the time, for the check to clear. I have provided the link as well to the Florida statute which controls and when you read it, will see the intent element which the State needs to prove, if they wanted to convict you. If the money was due and owed and you did not pay him, then he likely would have to go after you civilly and sue, rather then file criminal charges, unless he is going to lie to the State Attorney. http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0832/Sections/0832.05.html
Customer: replied 1 year ago.
What effect does paying him a partial amount on both checks have rather than paying him in full on the first check and then continually making payments on both checks. Also, how do I prevent a successful complaint from being filed by him?
Customer: replied 1 year ago.
Our agreements were not reduced to writing. We had many email conversations but I do not have all the copies.
Expert:  LegalKnowledge replied 1 year ago.
The effect would just be a modification of your previous agreement. You and him are free to alter the payment plan, if you both agree. There is nothing wrong with that and it would likely prevent him from filing suit or a criminal complaint, if he agreed and is accepting a new payment plan. As far preventing him from filing anything, that would be as a result of settling this with him. You can not stop him if he wanted to and would then have to defend the claim. If this was all oral and there is nothing in writing, then it would be your word against his, along with any evidence you have, so the emails may be able to support your claim.
Expert:  LegalKnowledge replied 1 year ago.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!