Post dating check florida
A person is presumed to have the intent to defraud or knowledge of insufficient funds in the drawee bank unless he or she, or someone for him or her, have paid the holder of the worthless check the face amount of the check, together with a service charge not to exceed the service fees authorized under Section 832.08(5) of the Florida Statutes or an amount of up to 5 percent of the face amount of the check, whichever is greater, within 15 days (30 days for civil actions) after receiving written notice that such check has not been paid to the holder thereof, and bank fees incurred by the holder.§ 832.07 This penalty does not apply to any check when the payee or holder knows or has been expressly notified prior to the drawing or uttering of the check, or has reason to believe, that the maker did not have on deposit or to the maker’s credit with the drawee sufficient funds to ensure payment, § 832.05(2)(a).) The required Notice must be mailed by certified or registered mail, evidenced by return receipt, to the address printed on the check or given at the time of issuance and may be deemed sufficient and equivalent to notice having been received by the maker or drawer, whether such notice is returned undelivered or not as set forth above.When you postdate a check, you put a future date on it.
In general, the term ‘check’ means a draft, other than a documentary draft, payable on demand and drawn on a bank or a cashier’s check or teller’s check.As a landlord, collecting a check that has been postdated could be dangerous.The tenant may know that he or she will not have the money in time, the check could have a stop-payment placed on it, or the check may bounce.Checks stamped “Refer To Maker” or Uncollected Funds” may require additional investigation before being charged criminally.Checks Stamped “Stop Payment” may be subject to criminal prosecution, but are typically legitimate means of dealing with a contractual dispute.
The form of the written notice demanding payment is required to be substantially as follows (“You are hereby notified that a check, numbered _____, in the face amount of $_____, issued by you on (date) , drawn upon (name of bank) , and payable to _____, has been dishonored.