Legal Question in Civil Litigation in New York

Stopping Payment on a Check

I brought my motorcycle to a certified repair shop for a particular problem. I was told that they were running behind 1 to 1 1/2 weeks when I dropped it off. I received a phone call 4 weeks to the day I dropped it off that the bike was ready. I picked up my bike, drove it home, and parked it. That was a Saturday. I drove it to work that Monday and I had the exact same problem with the bike that I had when I dropped it off for repairs. I called them back explained the situation. They said ''they would get me right in''! I called three days later and the motorcycle still had not been touched! I cancelled my check/payment for the repairs that they supposedly made to my motorcycle because the problem for which I brought it in for repair was clearly not fixed! Am I within my legal rights to cancel that payment given that the service I was given not only was terrible, but the problem for which I brought the motorcycle in for was not fixed? Thank you!


Asked on 7/02/07, 4:37 pm

1 Answer from Attorneys
Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: Stopping Payment on a Check

They have a right to lien the bike and not return it to you until you pay them. You are about to enter mexican standoff country. You may have to meet with them, get the bike back after you pay by cash or by credit card and then sue them in small claims.

If you want some help call the local BBB or the CHamber of commerce or the NYS Atty GEneral they may help you.

In the future, do not return to same repair shop. If you give them one shot at it. Thereafter cancel the check AND go to a different mechanic.

Good Luck

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Answered on 7/03/07, 11:26 pm


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