What Can a Florida Business Recover for a Bounced Check?

The rule covers checks, drafts, orders of payment, debit card orders, and electronic funds transfers. It applies when payment is refused because of lack of funds, lack of credit, or lack of an account, or when the maker stops payment with intent to defraud.

The service charge is $25 if the face value is $50 or less, $30 if the face value is more than $50 but not more than $300, $40 if the face value is more than $300, or 5 percent of the face value, whichever is greater.

The written demand must be delivered by certified or registered mail with a return receipt, or by first class mail with an affidavit of service. It goes to the address on the instrument, the address the maker gave when the instrument was issued, or the maker's last known address, and it must follow a form set by statute.

After a lawsuit is filed but before the hearing, the maker may tender the face amount, service charge, court costs, and bank fees to satisfy the claim, but remains liable for attorney fees and collection costs. A court or jury may waive all or part of the statutory damages if the failure to pay was due to economic hardship. Criminal penalties under a separate statute may also apply.

Filing in county court for smaller claims is covered in the small claims limit in Brevard County.