Florida Demand Letter Template: Worthless Check Notice, Pre-Suit Rules and Small Claims

Is a demand letter legally required in Florida?

Not for an ordinary contract or debt claim. It is required, in a specific form, before suing for unpaid minimum wages, for construction defects and under a property insurance policy, and a written demand is what makes triple damages available on a bounced check.

Where no statute applies, the letter is still the most useful document in a small claims file. Florida small claims cases begin with a pretrial conference, and a judge or mediator who sees a clear demand, an itemized amount and the supporting documents is looking at a case that is ready to settle or be decided.

Where do you sue in Florida, how long do you have, and what interest applies?

Small claims rules cover claims up to $8,000, not counting costs, interest and attorney's fees (Fla. Sm. Cl. R. 7.010(b)); county court hears claims up to $50,000 and circuit court anything larger. Deadlines: five years on a written contract, four years on a contract not in writing, two years for negligence (Fla. Stat. § 95.11).

Interest: the contract rate, or the statutory rate the Chief Financial Officer publishes each quarter (Fla. Stat. § 55.03). On a liquidated amount, prejudgment interest runs from the date of the loss (Argonaut Insurance Co. v. May Plumbing Co., 474 So. 2d 212 (Fla. 1985)).

Attorney's fees are recoverable only under a contract clause or a statute. Florida makes one-sided contract fee clauses reciprocal (Fla. Stat. § 57.105(7)). After suit, a formal offer of judgment can shift fees (§ 768.79); the demand letter itself is not such an offer.

How do you collect triple damages on a bounced check in Florida?

Deliver the written demand in the form set out in Fla. Stat. § 68.065(4) by certified or registered mail with return receipt, or by first-class mail with an affidavit of service. If the writer does not pay the check and the service charge in cash within 30 days after receipt, you can sue for three times the amount of the check, at least $50, plus the check, court costs, reasonable attorney's fees and bank fees.

The service charge is $25 for a check up to $50, $30 up to $300, $40 above $300, or 5% of the face amount, whichever is greater. You can claim it, and the bank fees you actually paid, without going to court. The rules also cover debit card orders and electronic funds transfers, and a stop payment made with intent to defraud. Paragraph 6A of this template reproduces the statutory notice.

What is the Florida 15-day notice for a worthless check?

A separate notice that supports a criminal case. If the writer does not pay the check, the service charge and bank fees within 15 days after written notice is sent to the address on the check, the dishonored check is prima facie evidence of intent to defraud (Fla. Stat. § 832.07).

The statute sets out its own wording, which tells the writer that the holder may turn the check over to the state attorney for prosecution and that civil liability for triple the amount may follow. Notice by certified or registered mail, or first-class mail with an affidavit of service, counts as received even if it comes back undelivered. The criminal notice and the 30-day civil demand are separate documents with separate deadlines; you can send either one or both.

What can a tenant demand when a Florida landlord keeps the deposit?

A landlord with no claim must return the deposit within 15 days after the rental agreement ends. A landlord who wants to keep any of it must, within 30 days, send written notice of the claim and the reason by certified mail or agreed e-mail, in the wording of Fla. Stat. § 83.49(3). Without that notice the landlord forfeits the right to claim against the deposit.

The tenant has 15 days after receiving a notice to object in writing. A landlord who missed the 30 days may still sue for damage, but only after returning the deposit. In a court case over the deposit, the prevailing party recovers costs and a reasonable attorney's fee, so a clear demand that cites the missed deadline often ends the dispute.

Do you need a demand letter before suing for unpaid minimum wages in Florida?

Yes. Before suing under the Florida Minimum Wage Act, the employee must notify the employer in writing of the intent to sue, stating the minimum wage claimed, the actual or estimated work dates and hours, and the total unpaid wages through the date of the notice (Fla. Stat. § 448.110(6)).

The employer has 15 calendar days after receipt to pay or resolve the claim, and the statute of limitations is paused during those 15 days. If the case goes forward, it must match the notice, and a winning employee recovers the unpaid wages, the same amount again as liquidated damages, and attorney's fees. For other unpaid wages, the court may award the prevailing party fees (§ 448.08).

What pre-suit notices apply to insurance and construction claims in Florida?

Property insurance: a notice of intent to litigate filed with the Department of Financial Services on its form at least 10 business days before suit, and not before the insurer's coverage decision (Fla. Stat. § 627.70152). Construction defects: a written notice of claim served at least 60 days before suit, or 120 days for an association representing more than 20 parcels (§ 558.004).

The insurance notice must state the insurer's acts or omissions and, unless it follows a denial of coverage, a presuit settlement demand that itemizes damages, attorney's fees and costs, and the disputed amount. The construction notice must refer to Chapter 558 and describe each defect and its location in reasonable detail, based on at least a visual inspection. In both cases a plain demand letter is not a substitute for the statutory notice.

What should a Florida demand letter never say?

When collecting a consumer debt, anyone, including the original creditor, is barred from contacting the debtor's employer before final judgment without written permission, communicating between 9 p.m. and 8 a.m. without consent, threatening to enforce a debt they know is not legitimate, and using papers that look like court or government documents (Fla. Stat. § 559.72).

Stating that the employer will be contacted if a judgment is obtained is allowed, and so is stating that you will sue. A debtor can recover actual damages, up to $1,000 in statutory damages, and attorney's fees for a violation. Keep the letter factual, and send the criminal-referral language only in the statutory worthless check notice.