William "Willie" N. Meggs

State Attorney, 2nd Judicial Circuit

What is a Worthless Check?

    Under Florida law, any check returned from a bank stamped "NSF" (Non-Sufficient Funds), "Insufficient Funds," "No Such Account," "Account Not Found," or "NSF Unless Otherwise Indicated" is a worthless check that may be subject to prosecution under Florida's criminal statutes. Checks returned "Refer To Maker" or "Uncollected Funds" may require additional investigation before being charged criminally.

    Checks stamped "Stop Payment" may, in certain circumstances, be the subject of criminal charges, but you should be aware that Stop Payment Orders are not generally criminal and may be used as a means of dealing with contractual disputes. Checks returned for Stop Payment may, in the majority of cases, have to be resolved in a Small Claims Court civil suit.

    Checks returned with the stamp "Unauthorized Drawer's Signature" are generally not suitable for prosecution as worthless checks because they are probably forgeries committed by someone other than the owner of the checking account. These cases should be referred to either the local Police Department or Sheriff's Department for investigation.