Legal Question in Consumer Law in Missouri

payment stopped on check to purchase car

I sold my 95 minivan w/160K to a private party for 1500.00. It was sold with no warranty written or implied. The next day the buyer wanted their money back, complaining of mechanical problems. When I refused, they stopped payment on their check, which was issued by a bank as loan proceeds. They still have the van in their possesion. What are my chances of favorable judgement in the small claims court, and is this a criminal offense?


Asked on 8/23/02, 4:09 pm

1 Answer from Attorneys

Anthony Smith LawSmith

Re: payment stopped on check to purchase car

You may have a good case for a small claims court action. That means you could get a judgment, but it may not mean that you could easily collect it. At the least, you have good grounds to repossess the vehicle. I assume from the tone of your posting, that you do not think you could sell it for as much the second time, and you prefer to collect fromt eh first buyer.

As to the criminality of the action the buyer took. Depending upon the county in which this occurred, you may be able to take the dishonored check to the local prosecutor and convince them to go forward on it under one of several charges. However, in my experience, most are reluctant to take up criminal prosecution where there is a viable civil action that could make you whole. You did not tell WHEN they stopped payment on the check. If you don't mind my asking, WHY did you take a personal check? You could have insisted on two money orders.

Good Luck,

Tony Smith

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Answered on 8/25/02, 4:39 pm


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