Program Information
Victims of worthless checks deal with a particular component of the State Attorney's Office, Pre-Trial Restitution (PTR) Program. No fees are charged to the victim. Upon receipt of the required information:
- Affidavit and paperwork will be reviewed to ensure everything is completed.
- The check writer's criminal history is reviewed to determine if he or she is eligible for the PTR program. Once an individual has been determined to be eligible for the PTR program, the following occurs:
- The check writer receives a letter from our office informing him or her to pay to the victim the amount of the check plus the service charge.
- The victim receives a duplicate letter with a blank receipt form attached.
- The defendant must pay restitution, including service charges, to the victim.
- The victim issues the defendant the completed receipt form.
- The defendant must purchase a money order for state fees.
- The defendant must present official receipt and money order at the State Attorney's Office on the scheduled hearing date. No payments will be accepted early or by mail.
- When the defendant has paid the merchant, the merchant may not get the check back.
- Exception is only when check was submitted in error
If the check writer fails to comply with the provisions of the program or is ineligible because of criminal history, the case is referred to an Assistant State Attorney who makes the final decision regarding filing charges.
Frequently Asked Questions (FAQ):
What is a worthless check?
- Insufficient Funds or NSF
- Stop Payment
- Account Closed
- Account Not Found
- No Such Account
- Unlocatable Account
What is a dishonored check?
- Refer to Maker
- Uncollected Funds
- Unavailable Funds
- Frozen Account
Do I have to accept a check?
- You do not have to accept a check.
- Only accept a check if the person presenting the check is:
- Listed on the check at the top as an account owner; and
- Has the proper identifications required by your company.
What information must I obtain with a check?
Pursuant to Florida Statute 832.07(2)(b)(2):
- Full name of the check writer
- Race*
- Sex*
- Date of Birth*
- Height
- Home Address (if there is a post office box, obtain a physical address)
- Home Phone
- Business Phone
- Place of Employment
The State Attorney's Office also requests the
Driver's License or State ID number. This information may be written on the check or the information may be kept on file.
* Required by Sheriff's Office prior to warrant being served.
What checks can not be prosecuted?
- Post-dated checks
- Checks asked to be held or delay deposited
What are the criminal degrees of checks?
| Misdemeanor: |
$0.01 |
- |
$149.99 |
| Felony: |
$150.00 |
- |
up |
| Accounts Receivable: |
payment for rent, payment on accounts receivable, wages, or partial payment. |
What are the Statute of Limitations on a check?
| Accounts Receivable: |
1 year |
| Misdemeanor: |
2 years |
| Felony: |
3 years |
* Our office prefers victims to submit checks in a timely manner from receipt of the check, because in some instances the attorneys will not prosecute checks close to the Statute of Limitations deadline.
What do I need to file a check?
- On all checks submitted:
- original check or bank certified
- completed defendant ID sheet
- Only Insufficient Funds, NSF, and Stop Payment checks:
- copy of the demand letter mailed to the check writer.
- the unopened envelope containing the certified letter or the signed certified green card.
What if the check cannot be prosecuted?
If the check cannot be prosecuted, you may file a civil suit. Florida Law, Section 68.065 provides that you may ask for damages of triple the amount owed on the check.