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Dimitry Esquire
Dimitry Esquire, Attorney
Category: Consumer Protection Law
Satisfied Customers: 41221
Experience:  Licensed in PA & NJ, Experienced attorney.
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I would like to talk to someone i recently had two trucks

Customer Question

hello, i would like to talk to someone i recently had two trucks repaired in a autobody shop . long story short I placed a stop payment on the check that i had wrote to them because the repairs were not completed with new parts as they were bondoed (bondo i think thats how you spell it ) and one of my trucks now is leaking ... they are threatening me with a fraud charge .... would it be fraud if i placed a stop payment ?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Dimitry Esquire replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

To answer directly, yes, that would be a potential fraud charge. Since you intended to stop payment for services you received (whether or not you received all services is a different issue, since you received some services and were supposed to pay them, you were now barred from simply stopping payment), they are now entitled to seek collection, and claim that you knowingly engaged in 'check fraud' because you defrauded them from their payment. My apologies but it would be best to pay them what they allege and then argue about what they failed to do, as otherwise you are placed in a far worse legal position going forward.

Sincerely,

Dimitry, Esq.

Customer: replied 1 year ago.
Thank you , but sir it wasn't my intentions .... I wrote the check with the intentions of paying them .... I wrote the check on Saturday and stopped payment on Monday afternoon , when I realized they charged me more than what insurance was going to cover also they didn't place the parts on the vehicles that they were supposed to .... That's fraud on their part ...
Customer: replied 1 year ago.
I also payed them almost 1/2 of what they had coming before I took possession of the vehicles
Expert:  Dimitry Esquire replied 1 year ago.

Thank you for your patience.

You are most welcome. As far as 'intention', what counts here is your intent to cancel the check after you gave it to them. And if that was intended, it is very much fraud because you had no legal right to stop payment. Now, you could contact and demand a refund, or drop by with a new check that had the proper amount, but simply cancelling the first check without replacement or notice would violate the law. I do agree that if they failed to perform what they promised is fraudulent potentially, but improper behavior on both sides do not make it right, or somehow even it out. That is why I see this as ultimately a weakness on your end--whether or not they did all their work has to be proven, but whether or not you cancelled the check or not no longer has to be proven because you already did so.

Sincerely,

Dimitry, Esq.

Customer: replied 1 year ago.
I agree two wrongs do not make a right , but I told them I placed a stop payment on the check .... So I send them a check for the stuff I know I received ???? Or do I send them the rest of it .... They recieved 6199.99 for the first payment and the other payment was for 8620 and tried to charge me 9500 .... And what do I do them take them to small claims to recoup my losses ??
Expert:  Dimitry Esquire replied 1 year ago.

Hi,

What you need to do is send them a check for what you initially agreed to pay, then negotiate or argue either for additional charges or what wasn't repaired. Likewise you can then take them to small claims court for the difference. But if they refuse to cash your smaller check (and they can, as cashing it may be seen as 'waiver' of remainder of debt on their part), then give them a full check and then sue for the amount you felt you were overcharged.

Sincerely,

Dimitry, Esq.

Customer: replied 1 year ago.
Please call me .... I forwarded my number to you ... As I would like to speak over the phone
Expert:  Dimitry Esquire replied 1 year ago.

Hello,

My apologies but I do not speak via phone as it may violate my state bar requirements. I can help you here, or if you wish, I can communicate via Skype. Please advise on what options are best for you, thank you.

Customer: replied 1 year ago.
That's fine , they cashed it already the smaller one .... I have documentation of every message and communication that was said in between us and them
Expert:  Dimitry Esquire replied 1 year ago.

Great!

In that case I believe I answered your questions. Is there anything else you would like me to clarify? If not, kindly do not forget to positively rate so that I can obtain credit for my work. Thank you!

Sincerely,

Dimitry, Esq.

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