I own an auction company and do consignment auctions. My terms start that is "no warranty expressed or implied" on any equipment and is posted on a large sign located by our office where each buyer must register for a bid number that has the same terms listed on it. A lady bought a used riding lawn mower, did not pay for or pick it up until two days after the auction (which is an infraction of our terms) started it, drove it on a trailer and left with it. She has now stopped payment on her check and says the the mower has an oil leak. She claims that under the "lemon law" that she doesn't have to pay for it. The amount was over $1,800.00 which included some other items that she bought.
In many states, stopping payment after accepting delivery iof merchandise s a criminal offense. Call your public prosecutor to see if they will bring criminal charges if you fill out paperwork. They will fill you in on required protocol. Hope this perspective helps.
The claim of lemon law is unfounded. Furthermore, You have an action for deceptive practices, theft, etc. and may pursue both civil and criminal actrions. File a police report and contact a collections attorney about how to best handle the matter from a civil perspective.
Although AVVO describes this site as providing free legal advice, it is really a simple Q&A forum. The volunteer attorneys provide general answers. No specific legal advice is given here and no attorney-client relationship is established. For precise direction and legal advice, please consult in person with an attorney in your area. Be sure to bring all relevant paperwork with you.
This is not a criminal defense question. I have changed the area to consumer fraud for you. If the check wouldn't have cleared on the day it was written, however, there could be criminal implications. Generally, stopping a check as a tool in resolving a consumer dispute is lawful activity, but NOT if the check wouldn't have cleared anyhow.
Finally, you might want to get up to speed on PayPal, Chip=based cards, Apple pay and debiting. A check in a transaction like this is almost an anachronism. a few pennies transaction fee is a small price to protect yourself from this kind of Hooey!
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