Is a bank chech a written instrument ?

A bank chech in the amount of 25000.00 paid out as a loan to a person and cashed without any other written contract who promissed to pay back but has never has been paid back and who recieved the check on false petence and to defraude to pay thier credit cards .Is this a written note istrument tittled 'loan" or is this oral instrument.It was loaned on April nearly four rears ago in the state of Florida.can i file the case in the federal court or in the civil and or county or district court in Florida.The statute on limitation for written instuments are 5 years in Florida.