- It confirms the statutorily allowed penalties and allows you to collect service charges that should more than offset the cost of sending registered or certified mail.
- It strengthens our prosecution case if the defendant goes to trial because it increases the presumption of guilt, plus it gives us a physical piece of evidence to support your testimony about the transaction.
- The letter gives you immunity from civil liability under Florida Statute 832.07. Liability insurance coverage to protect you from civil suits for false arrest, malicious prosecution or slander would cost you far more than costs of mailing registered or certified notices.
When You Do Not Need to Send a Letter
If the check is returned "No account" or "Account closed," you do not need to send a statutory notice letter. It is, however, recommended that you file the procedure in either case. You have the original check(s) or bank copy of the original check and the original certified/registered mail receipt (green card) from the notice, or the returned unopened envelope containing the notice.
Once you have either received the return receipt or the unclaimed letter and have waited the required 15 days from the date the letter was mailed, criminal prosecution may begin. You should have the names of witnesses who know something about the check included on an affidavit; the complaint affidavit fully completed and notarized; and contracts, receipts or other supporting documents. Do not delay filing your complaint after the 15 days have passed or the certified letter has been returned.
Promises made by the maker are, for the most part, of no more value than the check itself. Do make sure that the check is stamped by the bank indicating the reason it was dishonored. Without the stamp, prosecution is not possible.