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Is it illegal in new jersey to stop payment on auto down payment check if disputing a repair needed within 32 hours of ownership?
Optional Information: Country relating to Question: United States State (if USA): New Jersey Already Tried: called dealership notified them of problem they said they would call me back that was on May 2nd
Hello and thank you for the opportunity to assist you. There might be a slight delay between your follow ups and my replies as I am typing out my answer, or taking a quick break. Please remember that this is general information only, not legal advice, and no attorney-client relationship is formed.Yes and no.Yes in that if the dealer claims that you never meant to make payment, this would be "passing a bad check," which is illegal under N.J.S.A. 2C:21-5:http://essexcountynjcriminalattorneys.wordpress.com/about/passing-a-bad-check-new-jersey/As you can see, it is possible that if they file a criminal complaint, the DA may pick the charge up. If so, you would have an Affirmative Defense if the repair was badly done. Then the DA may decline prosecution or - if no - then you can use that affirmative defense in Court.You may also use same defense in civil court if the dealer decides to file a lien and/or sue you in civil court for the cancelled check.It may be less risky to honor the check, but then to file suit against the dealer for the money if you believe that their work was sub-par.I hope this finds you well. Please remember that I do not get credit for my time with you unless the answer is rated/concluded by you; I work very hard to formulate an informative answer for you – please reciprocate my good faith. If you still need information, hit reply so we can chat until you are satisfied. You may always come back to it to ask follow ups on this topic free of charge.
could i place the funds in Escrow until repairs are
Hello,Yes and no.Yes, in that this certainty will will have the DA think twice before filing suit in that they will see that you did not simply cancel the check but put it in escrow and delivered the dealer an explanation (bad repair). So less likely on the criminal action.However, it still opens you up to a civil suit where you'd have to defend your choice in civil court.I hope this finds you well. Please remember that I do not get credit for my time with you unless the answer is rated/concluded by you; I work very hard to formulate an informative answer for you – please reciprocate my good faith. If you still need information, hit reply so we can chat until you are satisfied. You may always come back to it to ask follow ups on this topic free of charge.
what would be the best way to proceed and yet protect my interest that they do indeed repair the car to my satisfaction
Individuals in your situation may wish to send a partial payment that you feel does indeed cover their work reasonably. With it, include a letter explaining why and also that the check is offer for "accord and satisfaction." If they cash it, that means that they have agreed to the deal:http://law.onecle.com/new-jersey/12a-commercial-transactions/3-311.html...if not, a partial payment is likely not going to have the DA file charges. Ergo, if you cancel this payment, I would make sure to deliver the updated lesser payment ASAP so as not to have them file a complaint.I hope this finds you well. Please remember that I do not get credit for my time with you unless the answer is rated/concluded by you; I work very hard to formulate an informative answer for you – please reciprocate my good faith. If you still need information, hit reply so we can chat until you are satisfied. You may always come back to it to ask follow ups on this topic free of charge.
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.