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FL S0550
Bill
Status
1/31/2013
Primary Sponsor
Banking and Insurance
Click for details
AI Summary
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Expands the definition of "payment instrument" to include checks, drafts, orders of payment, debit card orders, and electronic funds transfers for purposes of collection actions.
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Allows payees to recover bank fees and a service charge ($25-$40 depending on face value, or 5% whichever is greater) without filing a civil action when payment is refused or stopped with intent to defraud.
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In civil collection actions, makers or drawers who fail to pay within 30 days of written demand are liable for triple damages (minimum $50), court costs, reasonable attorney fees, and bank fees in addition to the original amount.
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Requires written demand for payment be delivered by certified mail, registered mail, or first-class mail with proof of service before civil action can be brought, with a 30-day payment period specified.
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Effective July 1, 2013.
Legislative Description
Collection of Worthless Payment Instruments
Last Action
Laid on Table, companion bill(s) passed, see CS/CS/HB 457 (Ch. 2013-113)
5/2/2013