Procedures and Requirements for filing a Worthless Check Complaint with the Broward State Attorney’s Office

Generally, the check must have been accepted in Broward County, Florida or mailed from Broward County. If mailed, the envelope with the postmark is needed.

The check must not have been postdated.

The check writer must not have asked the recipient to hold or delay deposit of the check, even for a very brief period of time.

There must not have been any reason for the recipient to believe the check would not be honored.

The check should be stamped with the bank processing date and reason that the check was returned. We accept Non Sufficient Funds (NSF), Account Closed and Stop Payment check complaints only. Any other reason must be explained in writing by the check writer’s bank.

Sufficient information is required to identify the check writer and must be written on the check at the time it is accepted. That includes the full name, sex, height, date of birth, home address, home, business telephone numbers, employer, copy of driver license, driver license number, identification card, state of issuance and membership card number.

This office strongly recommends that businesses establish procedures to ensure proof of identification such as a photocopy of the driver’s license with check. Failure to do so may result in the office declining to prosecute due to insufficient evidence.

Additional identifying information may be required in order to issue a summons. That may include eye and hair color, Social Security number, weight, unusual physical features, passport number/country, business address.

Person accepting the check should initial or note his/her employee ID number if applicable when it is accepted.

Person accepting the check from the check writer (or some other witness) must be able to appear in court and positively identify the defendant or at least testify about a procedure used to ensure proper identification such as the attachment of photocopy of picture identification card or surveillance cameras.

We must receive the complaint through the method of case presentation and within the statute of limitations for dishonored checks listed below

Amount/type check	Degree of offense	Method of presentation	Statute of limitations
$150 or more and goods and services are rendered at the same time or after check is received	3rd-degree felony	Felony, through detective of police from the jurisdiction check was received or mailed from	3 years from date check was written or delivered
Less than $150 or goods and services are delivered or rendered before the check is received (in which case the amount is irrelevant)	1st degree misdemeanor	Misdemeanor	2 years from the date the check was written or delivered
Less than $150 on which payment has been stopped	2nd degree misdemeanor	Misdemeanor	1 year from the date the check was written or delivered

Any disposition of the case will include a request by this office for restitution for all losses as provided by law. This office cannot guarantee payment of that restitution.

In certain instances you may wish to proceed civilly, see section 68.065 Florida Statute. In a civil action the maker of the check could be liable for triple the amount of the check, plus collection fees.

If the maker of the check offers restitution, do not agree to drop the charges. The state may still pursue prosecution even if restitution is paid in part or in full.

Here are some contact numbers to file worthless check charges:

Misdemeanor:	Central Courthouse (954) 831-8439
	South Courthouse (954) 831-0340
	North Courthouse (954) 831-1250
	West Courthouse (954) 831-2350