William "Willie" N. Meggs

State Attorney, 2nd Judicial Circuit

What if a Worthless Check Cannot Be Prosecuted?

    If, for some reason, a worthless check cannot be prosecuted by the State Attorney's Office you may wish to pursue the matter in a Small Claims Court suit for breach of contract. You may wish to consult a private attorney before pursuing such a matter, as there are filing fees involved that you will have to pay to the Clerk of the Court. However, treble damages (that is, three times the face amount of the check) may be awarded by the Court after a trial to you; this is not an option available to the Court in criminal prosecution.