Legal Question in Civil Litigation in Florida

I helped a friend purchase a car back in '08. I am the only one on the bank note and the loan is under my name solely. I also had my friend under my insurance policy for the car. She paid the car late for the last 8 months, acquired points on her license, and the policy was no longer affordable. I came to take the car back. She wanted 2000 dollars, so I gave her 1500 cash and a personal check for 500. The car apparently had accidents which she didn't tell me about. The damages are 5,600 dollars and I have to pay 3 deductibles because the car appears to have had 3 separate incidents. This equals 1500 dollars in deductibles. I stopped payment on the 500 dollars personal check because I feel I was lied to when she told me the car was fine. I may have agreed to pay 2000 but after seeing the condition the vehicle was in, that money, I feel should go towards the damages she neglected to tell me. She currently wants to file criminal charges against me with the Miami State Attorney's office. Does she have a criminal case? or is this a civil case at best?


Asked on 2/23/11, 10:56 am

1 Answer from Attorneys
John DeLancett Law Offices of John DeLancett, PL.

You failed to state whether her name was on the title, either jointly or solely. If her name is on the title and you obtained possession of the vehicle in exchange for the check, there is some risk that the State Attorney might pursue the case. There is no way to predict on such little information what the outcome would be. Did she sign over the title if she was on it? There is a Florida Statute, section 68.065, that provides that a stop payment with intent to defraud is treated, civilly, the same as an insufficient funds check, and with the proper steps, set forth in the statute, could lead to triple damages. A case called Madness V. Ditocco Konstruction ruled under that statute that where a party canceled a contract and stopped payment on a check before the other party had started work, there was no intent to defraud because nothing had been received yet under the contract. Hence my comment above.

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Answered on 2/23/11, 11:25 am


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