NOTE:  A link is provided below to download a copy of these procedures and the forms referenced

Before filing criminal charges, the State Attorney's Office offers eligible defendants the opportunity to participate in a pre-trial restitution program. This program gives the check writer a final chance to make restitution and bring a receipt and state fee to the State Attorney's Office.

To submit a worthless check to the State Attorney's Office, the following documents must be attached:

• Original check or legible copy 
• Notarized worthless check affidavit 
• Notarized affidavit of service by mail or green card indicating a received or undelivered letter 
• Copy of fifteen (15) day notice
• Contract or agreement, relating to the check and signed by the check writer, if check was received by mail or courier
• For further information and explanation regarding the required documents, please keep reading.

Original Check or Legible Copy

When accepting a check, do not agree to hold it for any amount of time. Do not accept a post-dated check. These checks cannot be prosecuted.

The written and numeric line on the check should match.

The bank must stamp the check Non-sufficient Funds, No Account Found, Account Closed, or Stop Payment. A check with a different stamp will not be prosecuted, but may participate in the pre-trial hearing.

When accepting a three party check, the identifying information must be on the check signer, not the individual presenting the check.  Identifying information on the individual presenting the check is not adequate. Remember that the defendant is always the check signer. No other person can be held responsible other than the check signer.

Notarized Worthless Check Affidavit

Complete the affidavit. (A link is provided below to download this form)

Race, sex and date of birth of the check writer, or a valid Florida driver's license number must be provided. You should obtain the driver's license number from the writer and write the number on the check.

Know the first and last name of the employee who accepted the check.

Be sure to compare photo ID to the check signer and the check signer's signature, or have personal knowledge/independent recollection of the check writer's identity.

Copy of Fifteen (15) Day Notice

The check writer must be sent a notice from the complainant stating that they have "15 days from the date of the notice to make restitution or the check will be turned over to the State Attorney's Office for criminal prosecution."   (A link is provided below to download this form along with a copy of these procedures)

If the check is three-party, the notice must be addressed and mailed to the check signer, not the individual who presented the check.

No notification is required if the check is stamped No Account Found or Account Closed.

Notarized Affidavit of Service by Mail, or Green Card Indicating a Received or Undelivered Letter

The notarized affidavit of service by mail is a sworn statement declaring that the fifteen day notice was sent. This should be used when the letter is sent first class mail.

The green card is attached to the back of the envelope when it is sent through registered mail. If the letter was received, the signed green card should be submitted to the State Attorney's Office. If the letter was unclaimed or refused, the unopened envelope with the green card attached should be submitted.

No proof of mailing is required if the check is stamped No Account Found or Account Closed.

We encourage you to mail the demand letter by regular mail, not certified.

This method eliminates the expense of a certified mailing and does not give the check writer the option of refusing to accept delivery. It minimizes paperwork. You simply have to complete the sworn statement at the bottom of the affidavit in which you state that you did in fact place the demand letter in the mail.

Mailed Check

If the check was received through mail or courier service, attach a contract or work order, which relates to the check and bears the signature of the check signer.

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.

Download the above-referenced forms:

SAO Worthless Check Affidavit

Procedures and Demand Notice

NOTE:  These documents are provided in Adobe PDF format. You will need Adobe Acrobat Reader to download these files. Click here for a FREE download.

Contact Information / Office Location and Hours:

Phone:       (904) 548-4700

You can file your check complaint by mail. Send the notarized affidavits and documents to:

The State Attorney's Office
PTR
76347 Veteran's Way, Suite 2105
Yulee, Florida 32097