How to read the numbers here
Florida residents who receive a bad check can send a written demand for payment under Fla. Stat. Section 68.065 before filing suit. The Florida Office of Financial Regulation oversees consumer finance companies, payday lenders, and title loan companies in the state. For complaints or questions about a bad check or a lender, Floridians can contact the Florida Attorney General consumer protection office, file a complaint with the CFPB, or reach the statewide referral helpline for local resources. Florida Law Help offers legal aid resources for residents who need assistance understanding their rights under these statutes.
The written demand and the 30 day window
Under Fla. Stat. Section 68.065, a person who holds a worthless check can send the drawer a written demand for payment. If the amount owing is not paid in cash within 30 days after that written demand, the holder may bring a civil action to recover the amount owing plus damages of triple that amount, subject to a minimum set by the statute, along with court costs and reasonable attorney fees. The 30 day period gives the drawer a chance to make the check good before facing a civil suit and the added damages that come with it.
Service charges a payee can add
Fla. Stat. Section 68.065 also allows the payee to add a tiered service charge on top of the face value of the check. The statute sets the charge according to tiers based on the face value of the check, or a share of the face value, whichever is greater, plus any bank fees actually incurred. These charges are separate from the additional triple damages available once the 30 day demand period has passed without payment.
When a bad check becomes a criminal matter
Writing a worthless check can also lead to criminal charges under Fla. Stat. Section 832.05, when the payee or a later holder received something of value for the check. A worthless check at or above the statutory threshold amount is a third degree felony under this statute. A worthless check below that threshold is a first degree misdemeanor under the same statute. The criminal process under Section 832.05 is separate from the civil demand and damages process under Section 68.065, and either or both can come into play depending on the facts.
Borrowing options in Florida if money is tight
Installment loans are allowed under Florida law under Fla. Stat. ch. 516, with oversight from the Florida Office of Financial Regulation, Division of Consumer Finance. Payday loans are allowed under Florida law under Fla. Stat. ss. 560.402 through 560.408, also overseen by the Florida Office of Financial Regulation. Title loans are allowed under Florida law under Fla. Stat. ch. 537, overseen by the same division. BadCreditMD is not a lender or broker. A lending network partner shares requests with lenders. Lenders set their own rates and decide whether to lend. Anyone weighing these options should review the cost example on this page and compare it against other ways to cover a shortfall, such as a payment plan with a creditor or a smaller loan from a credit union, before taking on new debt to cover a bad check.
Where to get help in Florida
Floridians facing a bad check demand, a creditor dispute, or a criminal inquiry under these statutes can contact several free resources. The Florida Attorney General consumer protection office handles consumer complaints. Florida Law Help connects residents with legal aid for questions about their rights under Fla. Stat. Section 832.05 or Section 68.065. The Consumer Financial Protection Bureau accepts complaints about financial products. The National Foundation for Credit Counseling agency finder helps residents locate nonprofit credit counseling. The Florida Department of Children and Families public assistance programs and the statewide referral helpline can help with other household needs while a bad check matter is resolved.
Key facts
| Measure | Figure |
|---|---|
| Felony threshold amount[1] | $150Year 2025 |
| Notice period[2] | 30 daysYear 2025 |
- Civil damages ruleIf the amount owing is not paid in cash within 30 days after a written demand, a civil action may recover the amount owing plus damages of triple that amount, never less than 50 dollars, plus court costs and reasonable attorney fees, under Fla. Stat. Section 68.065.[2]
- Felony penaltyA worthless check of 150 dollars or more is a third degree felony under Fla. Stat. Section 832.05 when the payee or a later holder receives something of value for it.[1]
- Misdemeanor penaltyA worthless check under 150 dollars is a first degree misdemeanor under Fla. Stat. Section 832.05.[1]
- Service fee maximumA service charge of 25 dollars if the face value is 50 dollars or less, 30 dollars if it is over 50 up to 300 dollars, 40 dollars if it is over 300 dollars, or 5 percent of the face value, whichever is greater, plus bank fees actually incurred, under Fla. Stat. Section 68.065.[2]
- Statute citationFla. Stat. Section 832.05[1]
Lending rules in Florida: Florida lending laws.
Related loan rules: Payday loans in Florida.
Common questions
How long does someone have to pay a bad check before a lawsuit in Florida
Under Fla. Stat. Section 68.065, the holder of a worthless check must send a written demand for payment. If the amount owing is not paid in cash within 30 days after that demand, the holder may then file a civil action for the amount owing plus triple damages, subject to a minimum set by the statute, plus court costs and attorney fees.
What makes a bad check a felony instead of a misdemeanor in Florida
Under Fla. Stat. Section 832.05, the amount of the check determines the charge. A worthless check at or above the statutory threshold amount, when the payee or a later holder received something of value for it, is a third degree felony. A worthless check below that threshold is a first degree misdemeanor under the same statute.
Can a payee charge extra fees on top of a bounced check in Florida
Yes. Fla. Stat. Section 68.065 allows a service charge in addition to the face value of the check, with the amount set according to tiers based on the check's value, or a share of the face value, whichever is greater, plus any bank fees actually incurred.
Where can a Florida resident get help after receiving a bad check demand
Florida Law Help offers legal aid resources, the Florida Attorney General consumer protection office handles complaints, and the statewide referral helpline can connect residents with local help. The Florida Office of Financial Regulation, Division of Consumer Finance, oversees lenders if the matter involves a loan.
Are payday and title loans allowed in Florida
Yes. Payday loans are allowed under Florida law under Fla. Stat. ss. 560.402 through 560.408, and title loans are allowed under Florida law under Fla. Stat. ch. 537, both overseen by the Florida Office of Financial Regulation.