Most debts get paid when the debtor realizes you are serious, and nothing says serious like a properly built demand letter. In Florida, two situations come with statutory letters attached: the bounced check under Section 68.065 and civil theft under Section 772.11 — both carrying triple-damage consequences when the letter is done right and the 30 days run out. Here is how each works, and what belongs in any demand letter you send.
The three Florida demand letters
A general demand letter — for an unpaid invoice, loan, or bill — has no prescribed form, but a dated written demand with a clear deadline is what small-claims judges expect to see before you file.
A worthless-check demand under §68.065 follows a statutory form and starts a 30-day clock. The demand states the check's face value plus a statutory service charge ($25 up to a $50 check, $30 up to $300, $40 above that, or 5% of the face amount — whichever is greater) as the total due. If the check isn't made good, the writer can be liable for three times the check amount (never less than $50) plus court costs, reasonable attorney fees, and bank fees. A court may waive some or all of the triple damages if the writer's failure to pay was due to genuine economic hardship.
A civil-theft demand under §772.11 is mandatory before filing suit: a written demand for the treble-damage amount ($200 minimum), with 30 days to comply, in exchange for a written release if paid. But civil theft is a high bar — it requires property taken with felonious intent, proven by clear and convincing evidence, not an unpaid debt or a broken contract. If a court finds a civil-theft claim was raised without substantial fact or legal support, the person who brought it must pay the other side's attorney fees, and the court cannot consider their ability to pay. Use this route only when a genuine theft occurred, and consider an attorney review first.
Why the details carry the teeth
The statutory letters only unlock their remedies when they match the statute — the check's number, date, bank, and amount for §68.065; the treble amount stated in writing for §772.11. Send a casual 'pay me or else' email and the triple-damage remedies stay locked.
Send every demand letter by certified mail with return receipt. The statutory clocks run from receipt, and the green card is how you prove the clock started.
- State the facts: dates, amounts, what was agreed, what wasn't paid
- State the exact amount demanded — trebled where §772.11 applies
- State the deadline: 30 days for the statutory letters
- Keep a copy and the certified-mail receipt
What happens after 30 days
Most demand letters get paid or answered — that is the point. If yours doesn't, the letter becomes Exhibit A: proof the defendant knew, owed, and refused. For amounts up to $8,000, Florida's small-claims courts are built for exactly this filing.
Frequently Asked Questions
Do I need a lawyer to send a demand letter?
No — a demand letter is a letter, not a court filing. For larger or statutory claims, having a licensed Florida attorney review it before it goes out adds weight and catches problems; that review is available as an add-on.
Can I demand more than I'm owed?
Only where a statute says so. §772.11 requires demanding the treble amount for civil theft, and §68.065 exposes a check writer to triple the check amount. Inflating a general debt demand beyond what you can prove undermines the letter and can backfire in court.