Legal Question in Business Law in Massachusetts

stop payment check

I bought a futon, paid cash but it turned out not to be the same quality as the floor model. I stopped payment of my check. They say that is illegal. I told them to come pick up the sofa. They say I am breaking the law. Is this true? they want to sue me.


Asked on 6/01/07, 8:30 am

2 Answers from Attorneys

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

: stop payment check

It depends.

You should have noticed them that the product you received was not the same as you ordered. You cannot simply stop payment without notice.

However, you did not recite enough facts; so i cannot tell.

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Answered on 6/01/07, 8:40 am
Craig J. Tiedemann Kajko, Weisman & Colasanti, LLP

Re: stop payment check

If you have good grounds for refusing to pay for a product you deem is inferior or less valuable than the what you thought you were buying, the law is probably in your favor. Given a good faith dispute between a merchant and a cunsumer, the consumer has a distinct advantage when the grounds are legitimate.

I don't see anything wrong with what you've done. They didn't perform and probably negligently misrepresented what you were buying, maybe worse. I'd just lay out your good faith dispute in a letter, say its not what they had on display, or what was marketed to you, its inferior and not what you thought you were getting, and they are in breach of contract and may have negligently or intentionally misrepresented the product. You have been damaged by overpaying for an inferior product, and they have improperly benefitted at your expense. Copy the letter to the Attorney General, Consumer Protection Division. If they puruse you anyway, they are foolish.

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Answered on 6/01/07, 12:49 pm


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