stop payment on a check I recently sold my H-D Fatboy.

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stop payment on a check
I recently sold my H-D Fatboy. I accepted $7000 cash & the balance $1500 in check form. She had problems & stopped payment on the check. She sign a bill of sale stating I sold her the bike ”as is”. My checking account is overdrawn now & need to know what legal rights I have. Thanks to the internet I live in Florida and she lives in S. Carolina making it even more difficult. I need to know if she is in any criminal violation or if it is just civil? Can i reposess the bike? Have her arressted? Report the bike stolen cause she did not make the full payment? What can I do? Would like to resolve it with out making it a long drawn out ordeal. I just need the money.

One thought on “stop payment on a check I recently sold my H-D Fatboy.”

  1. Re: stop payment on a check
    NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney’s individualized advice for you. By reading the “Response” to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

    You can send a demand letter for the bad check which will probably get ignored. Use the statutory form as set forth in Florida statutes for bad checks. If she fails to pay, then you can sue her in Florida on the bad check. You are not allowed to repossess the vehicle unless you have a formal lien on it. Unfortunately, this points out why you should never accept a personal check for payment on a motor vehicle of any type. Only clear funds should be accepted.

    Scott R. Jay, Esq.

    Scott R. Jay
    Law Offices of Scott R. Jay
    1575 Northeast 205th Street
    Miami, FL 33179-2133

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