What recourse does a vendor have if a customer’scheck bounces?
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What recourse does a vendor have if a customer’scheck bounces?
My company did some repair work on the customers yacht and he paid with a check. We deposited the check and just found out it was returned. What are our options for a bounded check?
Asked on September 28, 2010 under Business Law, Florida
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
There are both Civil and Criminal penalties in each state. In Florida, you need to make a demand for payment to the customer as soon as possible (I might do so in writing). If they fail to make payment within 30 days after demand, you can receive treble damages of the amount owed in addition to the amount owed, together with bank and court costs and reasonable attorneys' fees, not less than $50 and no more than $2,500. If payment is made in 30 days, a service charge of $10 or 5% of face amount of check, whichever is greater, can be added. In stop payment action, reimbursement for actual travel expenses to holder or agent for filing papers, and for traveling and providing witnesses to an from proceeding. Good luck.
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