Under what circumstances can I cancel a check for services rendered without criminal repercussions?

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Under what circumstances can I cancel a check for services rendered without criminal repercussions?

I bought a used car about 10 months ago. About 2 weeks later I took it back due to tapping in the front end and pulsating when applying brakes. They offered 30 day bumper-to-bumper.They said they could not find the tapping and they fixed the rotors and brakes which caused the pulsating. Now I took it in because pulsating is back and and tapping is louder. They charged me $415 to replace rotors and brakes and want to charge me another $135 for the tapping noise. I want to cancel my check, dispute and file a suit if there is a case. I feel they deceived me while under warranty.

Asked on April 29, 2011 under General Practice, Pennsylvania

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Here is the thing: bad check laws can really kill you here.  And passing a bad check can be reported to the credit reporting agencies.  If you cancel the check you run in to the possibility that they will retaliate and do just that even if you ultimately win the lawsuit.  I am not saying that I do not understand how you feel and that I can surely understand your reaction to doing as you have stated.  I just want yo to be aware that there could be ramifications.  So this way if you choose to cancel the check you are aware of the consequences.  And I would also check with another mechanic as to your claim.  You need to prove that they were negligent or misrepresented the work done, etc. 10 months ago.  That is a long time between visits for this purposes, especially if the tapping noise did not continue after the initial visit.  Good luck.


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