Theft, Fraud & Property Crimes

What is worthless check or check fraud?

Attorney-Reviewed Answer
Reviewed by Jeff T. Gorman, Criminal Defense Attorney & Former 19th Circuit Prosecutor (Fla. Bar #538183). Last reviewed: September 2026
Short Answer
Issuing a check knowing there aren't sufficient funds. The knowledge element is what separates a crime from a bounced check.

Florida's worthless check offense covers obtaining goods, services, or money by issuing a check when the person knows there are insufficient funds or no account.

Knowledge is the element that matters. An honest overdraft isn't a crime. A check written in the genuine belief funds would clear isn't a crime. What the statute reaches is issuing a check knowing it won't be honored.

The degree depends on the amount, escalating to a felony above a threshold.

There's a notice-and-payment structure built into how these proceed. The payee typically sends a demand, and payment within the specified period frequently resolves the matter — which is why these cases often turn on whether the demand was properly sent and to what address.

Common defenses: no knowledge of insufficient funds, a bank error, a post-dated check accepted with knowledge of the timing, or a genuine dispute over the underlying transaction.

Bank records at the moment you wrote it often answer this entirely. ---

Talk to an Attorney — Free

An answer on a page isn't the same as advice about your case. Talk to an attorney who handles these matters on the Treasure Coast — free and confidential.

This page answers a common question for general informational purposes and is not legal advice, and no attorney-client relationship is formed by reading it. Florida law changes; while this answer is reviewed by a licensed Florida attorney, the right answer depends on the specific facts of your situation — consult an attorney. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.