Legal Question in Civil Litigation in Georgia
a friend had to have her care repaired but did not have any cash, i offered to loan her the money then i preceded to write a check for the job. when she got her car back the work was poorly done so she had me cancel the check and was to take care of this herself. the repair shop owner called and said they were going to sue me fortheft by deception. the lady told me she had taken care of it. is there any way they can sue me?
2 Answers from Attorneys
As the maker of the check, I am afraid so. Any defenses that your friend has regarding the workmanship are your friend's defenses, not yours and they are not relevant. Your options are to make a deal with the repair shop and then go after your friend or get your friend to really work this out.
The reason for this is that a mechanic has a possessory lien on the car for the work that they did. By issuing a check, the mechanic was induced to relinquish his lien. Stopping payment on the check looks like fraud from the mechanic's perspective.
Based on the facts as you posted them yes they can sue you. I agree completely with Rachel's answer.
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