If a tire store damaged my wheels, canI stop payment on the check that I wrote to them?
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If a tire store damaged my wheels, canI stop payment on the check that I wrote to them?
Today I took my SUV in for new tires. There was damage done to my aluminum wheels which the tire store denies doing. Can I stop payment on my check until this is settled?
Asked on March 7, 2011 under General Practice, Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
No, you should not do that, since stopping payment on a check--
a) could be taken as fraud--even form of criminal fraud or theft (e.g. passing a bad check) since the work has evidently been done (though you have a concern about the qualify or damage)
b) if the store incurs any liability as a result of your stopped payment (e.g. it somehow causes an overdraft or a fee) you may be liable for their loss as well--it probably wouldn't be much, but why incur it?
If you hadn't paid already, it would be one thing to withhold payment until the matter is resolved, but stopping payment when work has been done is problematic. Your recourse, if you can't settle with them, is to sue for the damage (e.g. in small claims court).
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