Other Types of Dishonored Checks


If you have received a check that was dishonored for reasons other than non-sufficient funds or account closed, or if you only desire to proceed with a civil action to obtain restitution, the following information gives some suggestions on how to proceed:

Forgery: If you have reason to believe that the check you received is forged, you must file a report with law enforcement who will investigate the matter and then turn the completed case package over to this office if it is deemed prosecutable. See the listing of local law enforcement agencies for your area.

Payment Stopped: In order to prosecute a "stop payment" check, the state must be able to prove beyond a reasonable doubt that the defendant had intent to defraud at the time the check was issued. If the check writer is disputing the quality of the product or service involved, it would be a civil matter that you may pursue through the civil courts. For more information on civil proceedings such as small claims court, you may visit the website of the Clerk of Court (Brevard) (Seminole). If you feel that fraud is involved, you should contact your local law enforcement agency in your area.

Unable to Locate: "Unable to locate" checks do not constitute a criminal charge and should be resubmitted to the bank for the stamping or determination of a more definite reason for dishonor.

Uncollected Funds: "Uncollected funds" checks do not constitute a criminal charge and should be resubmitted to the bank for the stamping or determination of a more definite reason for dishonor.

Credit Advancing: If an agreement to cash the check at a later date (implied or expressed) was made between the check writer and the person accepting the check, it would put the party accepting the check on notice that the check would constitute a promise to pay at a later date. This would also be the case with postdated checks. In both circumstances, by legislative definition, the check is not criminally prosecutable.

Restitution: If you only wish to collect the funds due to you from the writer of the check, one option available to you is to contact your local county clerk’s office for the necessary forms to file a civil complaint.

Brevard County Clerk of Courts
Seminole County Clerk of Courts


 

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