check stop payment illegal?

Previous | Next
 rated by 0 users
Latest post 09-28-2007 2:37 PM by Drew. 5 replies.
  • 09-20-2007 11:00 PM

    • 87esir
    • Not Ranked
    • Joined on 09-20-2007
    • Posts 3

    Question [=?] check stop payment illegal?

    I had a 1966 mustang getting work done at a shop in KY for a few months. At one point the owner said he needed some money to continue working. I sent him $3000. He supposedly continued working and never contacted me regarding the cost or time. I asked several times for a "guess or estimate" and never got one. Well, one day he calls and says it's done and I need to send him $4374 more to get the car. I was shock because other shops estimated about $2000 - $2500 less. Anyway I later went to pick up the car and gave him a check. While there I noted four areas I was not happy with and just got the run around stating they were normal. I drove 6 hrs to pick the car up I decided I couldn't leave it and do the trip again. I took the car home and found more problems. Very up set to find any problems with a $7500 charge, I cancelled the last check and emailed him why.
    I had two seperate ASE, I-CAR, PPG certified body men look at the car and they say it is crap and he ruined the car. The guy who worked on the car wants it back to "fix" the problems but I don't want him to touch it.
    What are my alternatives? Can I have someone else fix it and deduct it from what I owe him?
    Can I just not pay him? The $3000 more than covers parts he billed me for and his labor of course is not worth squat.
    Can I be sued for stopping payment for such shoty overpriced work?
    What are his courses of action?
  • 09-21-2007 8:25 AM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 49,519

    re: check stop payment illegal?

    Car lovers suggestions:

    He is entitled to try to challange your stop payment at which time if you raise a defense of missing or defective work that may be a valid defense. He can sue for the work--or possibly criminal action for the now bad check--but I'm not sure that one will stick as you apparently lacked intent to pass a bad check.

    I agree I would not return car to his possession.

    Often one is expected to allow a craftsman to repair any gaps--but I'm sure you have zero condidence in same.

    Its possible he may try a mechanics lien on same. Be careful.

    Very foolish to allow work w/o written understanding of work to be done.

    I see zero practical options of collecting from him to have others redo his sloppy work





  • 09-21-2007 9:00 AM In reply to

    • 87esir
    • Not Ranked
    • Joined on 09-20-2007
    • Posts 3

    re: check stop payment illegal?

    I didn't mean I wanted to collect money from him. I meant I would have the car fixed then what ever that cost was deduct it from the $4374 I supposedly owe him and then send him the remainder. I want my car fixed but also want to be honest.
    Should I actually get a lawyer or just wait to see what he does?

    Thank you for your comments.
  • 09-21-2007 2:03 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 49,519

    re: check stop payment illegal?

    Me, I'd sit tight until he makes a move.....



  • 09-21-2007 8:04 PM In reply to

    • 87esir
    • Not Ranked
    • Joined on 09-20-2007
    • Posts 3

    re: check stop payment illegal?

    So far he's been patient and trying to get me to send the car back but I know if I send it back I can never get it back, fixed or not, unless I pay him. I have offered to sell him the car for less than I have in it and let him finish it to get his money back and he of course did not go for it.
    He has tried to hint to me that my stopping the payment on such a large check is a felony. I have never heard that and tried to research it and have not found anything to back it up.
  • 09-28-2007 2:37 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 49,519

    re: check stop payment illegal?

    To write a bad check may be a misdemeanor but I'm not sure that to stop payment is a criminal type step--may depend on your state law.

    A stop payment is a different breed of cat--don't get them confused. You may have a vaid defense to a stop payment.



Page 1 of 1 (6 items) | RSS

My Community

Community Membership New Users: Search Community