"NSF" or Non-Sufficient Funds

If you have received a non-sufficient funds check, before you can initiate criminal charges you are required by Section 832, Florida Statutes, to send a demand letter to the check writer by certified mail, return receipt requested or by First Class mail. A sample of the notification letter required by law is provided.

You must keep a copy of the notification letter and the original green certified mail return receipt from the U.S. Post Office.

If you send the letter via First Class mail, you must complete step 6 of the affidavit. This step must be notarized.

If you have not received a response to your notification letter within the time stated in the letter, or the notification letter is returned, or is unclaimed, and you wish to prosecute, you must submit the following to the State Attorney's Office:

1. A fully completed Worthless Check Affidavit, the affidavit to file criminal charges on a worthless check must be completed by the person who physically accepted the check from the writer and who gave the check writer some consideration in exchange for the check. In a criminal prosecution, the law requires that we prove the identity of the check writer beyond a reasonable doubt. Therefore, the person who physically accepted the check must complete the affidavit to initiate criminal charges. The person completing the affidavit must answer all questions, and sign the affidavit.

2. The original worthless check. The reason for the check having been returned must be stamped or written on the check by the bank.

3. The worthless check writer’s photo, if available.

4. Photostatic copies of merchandise receipts, invoices, lease agreements, etc., if available.

5. Copy of the certified letter sent to the check writer, the certified mail return receipt (if received), or the returned/unclaimed certified demand letter (in the unopened envelope) or complete step 6 of the affidavit and have it notarized.

Send the original Worthless Check Affidavit, along with the additional (as applicable) items set out in numbers 2 through 5 above, to:

Office of the State Attorney
Attention: Worthless Check Program
2725 Judge Fran Jamieson Way  Bldg. D
Viera, Florida 32940
(321) 617-7510 Ext. 56770
 

 

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