Attorney’s Fees only Flow to Plaintiff-Payee in Statutory Worthless Check Claim

Florida Statute s. 68.065 is Florida’s worthless check statute – it creates a statutory cause of action against the payor of the worthless check. It further provides a statutory basis for attorney’s fees to the plaintiff-payee that prevails on the worthless check claim. Fla.Stat. s. 68.065(6) (“Other provisions notwithstanding, the maker or drawer is liable to the payee for all attorney fees and collection costs incurred by payee as a result of the payee’s claim.”). Well, what if the payee loses and the defendant-payor prevails on the worthless check claim – does the defendant get attorney’s fees? This was the...

30 December

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Civil Recourse against Issuer of Worthless Check

Posted by David Adelstein

in Trial Perspectives

Florida has a worthless check statute (Florida Statute s. 68.065) that authorizes treble damages plus the original amount of the check owing if a party issues a worthless check. This statute affords a strong civil remedy for a party (payee) that receives a worthless check. The statute provides in material portion: In any civil action brought for the purpose of collecting a payment instrument, the payment of which is refused by the drawee because of lack of funds, lack of credit, or lack of an account, or where the maker or drawer stops payment on the instrument with intent to defraud, and where...