Legal Question in Civil Litigation in Florida

Here is a question regarding consumer rights to make a stop payment on a check. I had a dispute with a local cabinetmaker who installed custom kitchen cabinets and quartz countertops. I wont go into too much detail on exactly what happened but here are the important points. No contract was presented to me. I paid all invoices upon request, 50% up front and 50% the day before installation. When the countertop was installed it was not what we agreed to. I made a stop payment on the final check for $1750.00 three days later. They were informed, and after a few negotiations, they agreed to a $1000.00 discount if I kept the countertops "as is". I paid the remaining amount ($750.00) and they returned the check with the stop payment, a scanned copy sent by their bank. This was a verbal agreement. Can I be sued in the future? Can they still re-submit the check for payment? Do i have to extend the 6 month stop payment forever? What rights do consumers have in these cases and how can we protect ourselves?


Asked on 10/28/09, 8:20 pm

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

I do not believe that it was appropriate to stop payment. That said, you had a dispute and a settlement. You should have confirmed the settlement in writing. In the future, put things in writing, including the original agreements.

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Answered on 11/02/09, 9:31 pm


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