I took my car to a dealer to fix ( car is paid off) and they fixed it but no for long a day later the car was bad again, so i stoped the check and did not pay, now they said that they are going to send me to court, what can they do?
2006-11-07 03:48:02 · 9 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Well, it depends on the laws of your state. In most states, the merchant who is the receipient of a check upon which there is a stop payment can proceed in civil court to collect the check as a bad check, (the same as a insufficient funds check), or can proceed with the local prosecutor on a case of theft by writing. (the local charges terminology may differ)
In a civil court, they have the burden to prove that you wrote the check and that you stopped payment. However, if you are sued, you may counter sue for the amount of the cost to fix your car properly. As a previous person said, you would need documentation that their fix of your car did not work and that it was not another problem that needed repair.
I don't know the amount of the check, so its difficult to say if it is worth it to consult an attorney. However, if you have specific questions about procedures and/or need guidance on the process of defending yourself and/or a counter suit, please consult an attorney licensed in your state. For a referral, contact your local or state bar association.
2006-11-07 05:11:58 · answer #1 · answered by Phil R 5 · 0⤊ 0⤋
I suggest you work this out with the dealer before going to court. Just because there was a problem with the repair doesn't give you a right to stop payment on the check. There is a warranty on the repair and you should take your car back to let the dealer so they could fix it again at no charge. Stopping a check in this case could be construed as criminal.
2006-11-07 04:01:06 · answer #2 · answered by Anonymous · 0⤊ 0⤋
They can legally sue you, however what you need to do before it goes that far is go down there and speak to them, tell them what happened and then tell them that you will sue them for the cost of repairs for another shop if they will not rectify the situation. However you need to be sure that they fixed what they said they would and that something else didn't go wrong. Bottom line though you should go in and speak with them in person ASAP.
2006-11-07 03:55:46 · answer #3 · answered by EmmaGee 2 · 0⤊ 0⤋
They can get a judgement, which will appear on your credit report, but if you have a good attorney, or represent yourself well at small claims court, you will be fine. The amount will be lowered, etc. If I were you, I would sue the pricks first, for as many things as I possible could.
2006-11-07 03:57:26 · answer #4 · answered by Local Celebrity 4 · 0⤊ 0⤋
They can sue you for the amount you denied them. You should have let the check go through, then gone back and explained that the repair did not work, or was defective. They will usually work with you to resolve the problem.
2006-11-07 03:51:13 · answer #5 · answered by Jack 5 · 0⤊ 0⤋
They can get a judgment that will haunt you for years. Stop payment on a check can be criminal as well, but most never get that far.
If I were you I would try to work it out!
2006-11-07 03:50:30 · answer #6 · answered by Anonymous · 0⤊ 0⤋
If it goes to court the judge will decide who is right & it will go from there
2006-11-07 03:53:32 · answer #7 · answered by Paul M 3 · 0⤊ 0⤋
Get a judgment against you. Garnish your wages or put a lien on yoru property.
2006-11-07 03:55:56 · answer #8 · answered by Zelda 6 · 0⤊ 0⤋
you will force to pay the amount by court
2006-11-07 03:53:36 · answer #9 · answered by babitha t 4 · 0⤊ 0⤋