Legal Question in Business Law in Florida

Bad Check for service rendered.

Bad Check - I recently accepted a check for services rendered ie. repairs to a motor vehicle. Customer was upset her car required additional work after a tune up stated that we were ripping her off stated she would stop payment on check I told her at this point I would only accept cash customer called police dept officer arrived explained story officer advised us to release car,I had customer sign statement she would not stop payment witnessed by police officer. customers vehicle still required additional repairs but we need additional authorization for replacement of parts customer returned 2 days later had repairs completed, we accepted 2nd check from customer 7 days later two stopped payment check in mail ? unable to contact customer by phone or registered mail. but see car in local area - What to do ?


Asked on 4/13/98, 1:39 pm

1 Answer from Attorneys
Randall Reder Randall O. Reder, P.A.

Getting payment for services

Unfortunately, you cannot avail yourself of your mosteffective remedy, which was to place a lien andretain possession of the vehicle. You also cannotutilize the bad check statute as the consumer hasa right to stop payment. Hence, your remedy is to to file an action in small claims court (assuming the amount owed is less than $5,000). You would have toshow she was properly served with a copy of the complaint.Assuming you win, you will get a judgment statingshe owes you the money. It may be difficult tocollect.

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Answered on 4/30/98, 7:52 am


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