Cecily Zamora
In Florida, stopping payment on a check is a criminal offense that can result in serious repercussions for the issuer. The issuer can be charged with check fraud, which is classified as a felony or misdemeanor depending on the value of the goods or services received. If the amount is $150 or more, it is considered a third-degree felony, while a lower amount is classified as a second-degree misdemeanor. The prosecution must prove beyond a reasonable doubt that the defendant issued the check with fraudulent intent and obtained goods or services before stopping payment. Defendants may have defenses available, such as disputing the seller's quality of goods or services, and the intent to defraud must be proven at the time the check was issued and payment stopped.
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What You'll Learn
Check fraud and its legal repercussions
Check fraud is a serious matter that can have devastating repercussions for an individual's personal, professional, and financial future. Under Florida law, it is a criminal offense to issue a check to a merchant and later stop the payment with the intent to defraud. This is classified as a "crime of dishonesty," which can make it difficult for the accused to find gainful employment or housing long after the criminal case is resolved.
The prosecution must establish beyond a reasonable doubt that the defendant issued, made, drew, delivered, or gave a check or other written payment order, and that the payment was stopped with the intent to defraud the other party. The specific charge and penalties depend on the value of the goods or services received. If the amount is $150 or more, the offense is considered a third-degree felony, punishable by up to 5 years in prison and a $5,000 fine. If the amount is less than $150, it is classified as a second-degree misdemeanor, with penalties of up to 60 days in jail and a $500 fine.
There are several defenses available to contest a charge of check fraud. One common defense is that the person had no intention of canceling payment or defrauding the merchant at the time the check was presented, and only decided to cancel payment later for legitimate reasons. Another defense may be that the defendant successfully pays restitution to the victim, which may result in the prosecutor dropping the charges.
In addition to criminal penalties, individuals who write worthless checks in Florida may also face civil penalties. Under Florida Statutes, it is a crime for any individual or entity to obtain goods, services, or anything of value through a check that has insufficient funds. The law requires that certain steps be taken by the recipient of a "worthless check" before the State Attorney can begin prosecution, and there are specific procedures to be followed for filing a civil suit in small claims court.
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Defenses against accusations of stopping payment
In Florida, stopping payment on a check is a criminal offense if it is done with the intent to defraud the recipient. The prosecution must establish that the defendant issued a check, stopped payment, and did so with the intent to defraud. The intent to defraud is a crucial element of the charge, and it must be proven to exist both when the check is issued and when payment is stopped.
Lack of Intent to Defraud
One of the primary defenses is challenging the prosecution's ability to prove the element of fraud. The intent to defraud must be established beyond a reasonable doubt by the prosecution both at the time the check was issued and at the time payment was stopped. If there is insufficient evidence to prove this intent, a conviction for check fraud or stopping payment cannot be sustained.
Post-Dated Check
A post-dated check may also serve as a defense. Postdating a check implies a credit extension for the recipient and can indicate a bad debt situation rather than fraudulent intent.
Verbal Disclosure of Insufficient Funds
If the person who gave the check verbally informed the recipient that they lacked sufficient funds to cover the check at the time of issuance, it could be argued that the recipient agreed to extend credit by accepting the check.
Severe Economic Hardship
The court or jury may consider severe economic hardship as a mitigating factor. If it is determined that the defendant canceled the check due to financial difficulties, criminal charges may be waived or reduced.
Dispute with Seller or Dissatisfaction with Goods/Services
Stopping payment due to a dispute with the seller or dissatisfaction with the quality of goods or services received can also be a valid defense. This defense is particularly relevant if there is a contractual dispute or disagreement over the terms of the transaction.
It is important to note that the specific defenses available may vary depending on the unique circumstances of each case. Consulting with an experienced attorney is crucial to understand the applicable laws and build a robust defense strategy.
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The role of intent to defraud in prosecution
In Florida, stopping payment on a check is a criminal offense if the check was issued and payment was stopped with the intent to defraud the other party to the transaction. The intent to defraud is a required element of the charge and must be proven to exist both at the time the check is issued and at the time payment is stopped.
The prosecution must establish beyond a reasonable doubt that the defendant issued, made, drew, delivered, or gave a check or other written payment order, and that the defendant stopped payment pursuant to the intent to defraud. This means that the prosecution must prove that the defendant had the intention to cancel payment on the check at the moment it was presented, rather than deciding to cancel payment at a later time for a legitimate reason.
The crime of stopping payment on a check with the intent to defraud can have serious repercussions for the accused, including potential felony or misdemeanor charges, depending on the value of the goods or services received. If the amount of goods or services received is $150 or more, the offense can be charged as a third-degree felony, with penalties of up to 5 years in prison, 5 years of probation, and a $5,000 fine. If the amount is less than $150, the offense is classified as a second-degree misdemeanor, with penalties of up to 60 days in jail and a $500 fine.
It is important to note that there are defenses available to contest a charge of stopping payment on a check with the intent to defraud. For example, the defendant may argue that they did not have the intention to cancel payment on the check at the time it was presented, or that they had a legitimate reason for stopping payment at a later time. In Florida, the statute of limitations for prosecution of an act committed in violation of this section is 5 years from the date the act was committed.
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The process of stopping a payment
Stopping a payment is a formal request made to a financial institution to cancel a check or payment that has not yet been processed. This can be done by contacting your bank or credit union and providing the necessary details, such as the check number, amount, date, and account number. Some banks may also require proof of identity. It is important to act quickly as a stop payment request can only be made while the payment is still outstanding or hasn't been completely processed. Once the payment has been processed, it is too late to stop it.
- Contact your bank or credit union: Reach out to your financial institution by phone, online, through their mobile app, or by visiting a branch. Some banks may require a verbal or written request, while others may offer the option to request a stop payment online or through their app.
- Provide necessary details: To process the stop payment request, the bank will need certain information about the payment. This includes the check number, amount, date, account number, and payee details.
- Verify your identity: In some cases, the bank may require proof of identity to process the stop payment request.
- Pay the stop payment fee: Issuing a stop payment order typically incurs a fee, which varies depending on the bank's policies. This fee is generally charged by the financial institution for processing the request.
- Follow up in writing: After making the initial request, it is a good idea to follow up with the bank in writing to confirm the stop payment order. This provides documentation of your request and helps ensure that the process is completed successfully.
- Notify the payee: While not mandatory, it is considered good practice to reach out to the payee and explain the situation. This can help avoid confusion and maintain a positive relationship. Additionally, it is important to arrange an alternative method of payment if necessary.
- Monitor the status: Keep an eye on your account and the payment status. Stop payment orders typically have an expiration date, after which the bank may continue to search for the check for a certain period (usually six months) before the request expires. If the check is not found, it could potentially be paid.
It is important to note that stopping a payment is not a perfect solution for all issues. It may not be applicable to all payment methods, such as money orders or cashier's checks, and there could be late fees or other charges incurred if the payment was for a service or loan. Additionally, stopping a payment does not relieve you of your contractual obligations to fulfill your end of the agreement.
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The difference between a felony and a misdemeanor
In the United States, the federal government defines a felony as a serious crime punishable by more than one year of imprisonment. A felony conviction can lead to a lengthy jail sentence and other long-term consequences, including life imprisonment or the death penalty in certain jurisdictions. Felonies are typically tried in higher courts.
Examples of felonies include murder, rape, armed robbery, aggravated assault, drug trafficking, and arson. In Florida, stopping payment on a check can be classified as a felony if the amount of goods or services secured is $150 or more, with penalties of up to 5 years in jail or 5 years of probation, and a $5,000 fine.
A misdemeanor, on the other hand, is a less severe crime that often carries a sentence of less than one year in jail. Misdemeanors are typically punished with fines or short jail terms in local jails. They are usually handled by lower courts. Examples of misdemeanors include non-violent crimes like shoplifting, reckless driving, simple assault, or drug possession for first-time offenders. In Florida, stopping payment on a check is considered a misdemeanor if the amount of goods or services secured is less than $150, with penalties of up to 60 days in jail and a $500 fine.
In summary, the main difference between a felony and a misdemeanor lies in the severity of the crime and the resulting consequences. Felonies are considered more serious crimes and are punished more severely, while misdemeanors are less severe and carry lighter sentences.
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Frequently asked questions
Under Florida law, any checks returned with non-sufficient funds, account not found, or NSF unless otherwise indicated, are considered worthless and are subject to prosecution under Florida's criminal statutes.
Stopping payment on a check in Florida can result in misdemeanor or felony charges, depending on the value of the goods or services received. If the amount is $150 or more, it is considered a third-degree felony, while amounts less than $150 are classified as a second-degree misdemeanor.
Some possible defenses include disputing the intent to defraud, claiming dissatisfaction with the goods or services, or presenting a post-dated check. An attorney is crucial in building a defense and protecting your rights.
If you are a victim of a worthless check, contact the State Attorney for the judicial circuit in which the check was accepted. They will assist you in the recovery process. If the State Attorney cannot pursue prosecution, you may consider filing a civil suit in small claims court.
