What can we do about a stopped check?

UPDATED: Sep 29, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 29, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What can we do about a stopped check?

We own a hot-rod repair business. We recently had a customer with an overdue bill come in, pick up his unfinished truck (it was unfinished because he stopped paying his bills) pay in full (by check) and leave. A day or two later he called our manager and said that he had expected all the work to be finished so he was going to put a stop payment on his check. At our shop we have the policy that a vehicle does not leave the shop until related invoices for work performed and parts are paid. That is our collateral. The customer side-stepped this process. He now has the truck and his money ($5000). What legal recourse do we have? We really just want to resolve the issue, wish we could have a happy customer as well.

Asked on October 27, 2015 under Business Law, Washington


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You can sue the customer for breach of contract / account stated. Your damages (monetary compensation you are seeking in your lawsuit for breach of contract) would be for the work done on the truck and the parts.
After obtaining a judgment against the customer, you can enforce the judgment with a wage garnishment.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption