Legal Question in Consumer Law in Florida

stop payment

I prepaid $1,500.00 for a German Shepherd puppy from a breeder in South Florida. I paid for pick of the females from a specific litter. Now the breeder is saying that ''HE'' will pick the female from that litter that I will get. I have a written reciept from him that says. ''PICK FEMALE DURBUS / PEDDY $1,500.00 PAID IN FULL''. Since he is now picking the pup for me instead of allowing me to pick the pup I want my full refund. He said he is only going to refund $400.00 which is his normal deposit fee. He never told me that I could not pick the pup, but now he is say he did tell me that he would pick my pup. Can I leagally stop payment on the check, it was written August 26 2007 made out to him. I am a K-9 handler and am buying the pup as a working partner for human remains detection. I told him when I visted him that I would have to test the pup for aversion to human decompsition and now he says that is not going to happen.

Angela


Asked on 10/13/07, 9:39 am

3 Answers from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: stop payment

I suspect that the check has been cashed. You would have a claim for breach of contract.

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Answered on 10/13/07, 8:09 pm
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: stop payment

Since your only question appears to be can you stop payment, you failed to state whether the check has been cashed. On the fact stated, it would be hard to believe it has not been deposited in 6-7 weeks. You obviously cannot stop payment on a check that has already been paid.

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Answered on 10/13/07, 9:45 am
Scott R. Jay Law Offices of Scott R. Jay

Re: stop payment

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.

It would seem that the check would have already been negotiated and thus you could not stop payment on a check that was already paid. If the check is not yet cashed, since you have not received the puppy yet, you could probably stop payment providing you send a carefully worded letter explaining that the breeder had breached the contract between the parties and since the breeder would not perform according to the terms of the agreement, you were taking this action.

Scott R. Jay, Esq.

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Answered on 10/13/07, 12:08 pm


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