Legal Question in Consumer Law in Florida

Body Shop

I had a $20k Car accident in February and the dealership took over 3 months to fix the car. After all that the didn't fix it the right way. When I took delivery of my car i gave them a $500 check for my dedcutible. After driving for two days all this little noises and things started to come out and I placed stop payment on the check. Until my car is fixed again. Now, Telecheck is calling me trying to collect the money from me. I told them that I will pay them back as soon as i get all those little things fixed. They are now telling me that is illegal for me to do that... How trus this is??? I am going to pay them backm but only when the fix all the correspondent little stuff coming out? Please hellp me if you can..Thank you!~


Asked on 6/07/07, 9:23 am

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Body Shop

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Stopping payment on a check is a criminal violation. It can also be prosecuted in a civil court for treble damages which is three times the amount plus the original value of the check together with court costs and attorney's fees.

I would strongly suggest that you resolve this matter before it reaches this stage. Your claims against the dealer are separate. You might wish to speak with the adjustor from your insurance company and ask him/her to aid you in getting your car fixed properly. Because they give so much work to the dealer on a regular basis, the dealer is more likely to react favorably to the adjustor.

Scott R. Jay, Esq.

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Answered on 6/07/07, 12:38 pm


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