Legal Question in Consumer Law in Florida

I wrote a check in Florida to a local moped dealer for the purchase of a 150cc scooter. I went to pick it up and was driving it home (with almost a full tank of gas) when it started to stall. My husband was following me and he saw gasoline leaking from the scooter. It kept stalling the rest of the way home (about 5 miles). By the time I made it home, it was on "empty". My husband said the back wheel was wobbling, also. THIS WAS A NEW SCOOTER! We called the dealer to pick it up and check the problems, and they told my husband they could not come to pick it up and we would have to bring it back! After arguing with the dealer, my husband hung up and told me to cancel the check. They also registered the scooter, but that charge was on a visa card.

Is it illegal in Florida to cancel a check in this manner. The dealer told us he could have me arrested (the scooter was in my name).

Kathy


Asked on 3/19/10, 8:06 am

1 Answer from Attorneys
Angelo Marino Angelo Marino Jr. PA

Like many matters of law, it depends on the intent of the party. He is the statute:832.041 Stopping payment with intent to defraud.--

(1) Whoever, with intent to defraud any person shall, in person or by agent, make, draw, utter, deliver, or give any check, draft, or written order for the payment of money upon any bank, person, or corporation and secure from such person goods or services for or on account of such check, draft, or written order, whether such goods or services are valued at the amount of such check, draft, or written order or at a greater or lesser value, and who shall, pursuant to and in furtherance of such intent to defraud, stop payment on such check, draft, or written order, shall be deemed to be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the value of the goods or services secured for or on account of such check, draft, or written order is $150 or more; and if the value of the goods or services secured for or on account of such check, draft, or written order is less than $150, he or she shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(2) This section shall be taken to be cumulative and shall not be construed to repeal any other statute now in effect.

My advice is to take the scooter back and have them fix it or give you a new one. It is under warranty and make the check good to avoid problems.

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Answered on 3/25/10, 7:01 am


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