Post dating checks legal florida, the Florida Senate
If the check bounces the landlord may have certain civil remedies to help recuperate the promised funds. Risks for the Landlord As a landlord, collecting a check that has been postdated could be dangerous. The proper judicial circuit for the prosecution of this crime is usually the circuit in which the check was presented and accepted. Waiting to cash a check that has been postdated provides the tenant with time to make other living arrangements, move out or otherwise abort the lease agreement.
The post-dated cheque is not payable till the date which is shown on the face of the said document. Unless you are percent sure that the tenant can be trusted and that there will be funds to cover the check when it is ready to be cashed, dating a coworker secretly greatly korean it may not be a good idea to accept a postdated check. Post-dated cheques are common and enforceable.
What should I do to protect myself against being victimized by a worthless check? You should contact the Clerk of the Court for the county in which you accepted the check and he or she will assist you in the process.
They are commonly resolved in a small claims court civil suit. Do not agree to hold a check, even for a few hours. If the person who wrote the check is not the person responsible for payment, the check may stolen or forged.
Can I Accept a Post Dated Check From a Tenant?
The situation may be resolved in a small claims court civil suit. The tenant may know that he or she will not have the money in time, the check could have a stop-payment placed on it, or the check may bounce. If you are the victim of passing a worthless bank check, contact the State Attorney for the judicial circuit in which the check was accepted and they will assist you in the recovery process.
Do not accept post-dated checks checks dated for future or indeterminate dates. Accepting a check that is postdated may provide the tenant with a legal defense that negates criminal intent even if the check doesn't clear. Insisting cash or certified checks and money orders is a legitimate option. Do not accept third-party checks. Look for personal information on the check.
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