stop payment on check

[maxtor]

What is the name of your state? wisconsin
i recently bought a vehicle from a dealership in wisconsin and had my girlfriend write out a check for $1200 which was the balnce after my trade in.well the next day she moved out on me and stopped payment on the check she wrote out to the dealership.now the dealer ship is threatining me that they are going to contact the d.a. office in milwakee.my ? is,can i be charged with anything criminal?or is this a civil matter?i gave my ex-girl friend the money for the check and now i do not have the money to give to the dealer ship until i sue my ex.the dealership says that they do not care that my exgirlfriend wrote out the check and stopped payment cause she is not the one that owes the money,i do!thanks for any help!

 

[snostar]

The dealership is right - try working with them not against them. They want the money and may be willing to work out a payment schedule. Otherwise, it could turn into a criminal matter.

 

[Shay-Pari'e]

You need to take the car back ASAP!, or get your butt down there with the money. Your problems with the girlfriend are not the dealerships problems, nor are they mine or anyone elses.

 

[maxtor]

thanx for the quick response.how can it be criminal they have received %90 of the money owed for the vehicle.if you buy a car and promise to pay on payments and dont then it has to go to civil court right?i dont see how this can be criminal!it is titled fully in my name with no lein or anything.i gave my ex the $1200 and i contacted the sherriff and they said i have to sue here for the money,wouldnt the dealership have to sue me too?

 

[snostar]

Chapter 943 Wisconsin Statutes
943.24 Issue of worthless check.
943.24(1)
(1) Whoever issues any check or other order for the payment of not more than $2,500 which, at the time of issuance, he or she intends shall not be paid is guilty of a Class A misdemeanor.

943.24(3)
(3) Any of the following is prima facie evidence that the person at the time he or she issued the check or other order for the payment of money, intended it should not be paid:

943.24(3)(c)
(c) Proof that, when presentment was made within a reasonable time, the person did not have sufficient funds or credit with the drawee and the person failed within 5 days after receiving notice of nonpayment or dishonor to pay the check or other order

943.24(5)(a)
(a) In addition to the other penalties provided for violation of this section, a judge may order a violator to pay restitution under s. 973.20.


Even though your girlfriend wrote the check, I believe you "issued the check for payment." If after 5 days of notice you do not pay or return the car you can be criminally charged. Someone will come along and correct me if my interpretation of "issued" is invalid.

 

[JETX]

"Even though your girlfriend wrote the check, I believe you "issued the check for payment."
*** Snostar is incorrect. The statute would not apply to you unless YOU actually wrote the check. In this case, your girlfriend will be the one who faces possible charges.

In any case, back to the writers 'problem'.
Can you contact your girlfriend?? If so, it would be best to point out her possible CRIMINAL issue regarding the stop pay and 'suggest' that she take the $1200 you gave her (your claim) to the dealership to avoid criminal action.
If she does that IMMEDIATELY, the matter is resolved.

If she refuses, you will need to take steps to handle this. I suggest your returning to the dealership IMMEDIATELY and explaining the situation. They may allow you to make payments, or may insist on full payment (get a loan) and may even insist on your leaving the vehicle with them until payment is made. You need to resolve this problem before it gets out of control and they file criminal auto theft charges against you.

 

[snostar]

Thanks JETX for clarifying, I can add that to the list of things I've learned today.

At least I was correct in stating he could be facing criminal charges.

 

[maxtor]

guys,i did not issue any check to anyone,i wrote out nothing!also why should i give the vehicle back if at the time of transaction i paid %90 percent of the vehicle with cash and was short the 1200 left owed so my girl friend wrote out the check for the remainder.i did nothing illegal what so ever,i have and did give her the 1200 the next day for the coverage of the check.she took it upon herself to stop payment not me.well anyways,i have contacted the dealership and explained away and we are going to try to resolve this matter civil because it is a civil matter.i have contacted the sherrifs office and they say it is a civil matter because i no way tried to defraud no one and it is going to have to be handled in civil court.thanx for the help guys.

 

[JETX]

"did not issue any check to anyone,i wrote out nothing!"
*** We know. That is why you are not liable for potential hot check charges.

"also why should i give the vehicle back if at the time of transaction i paid %90 percent of the vehicle with cash and was short the 1200 left owed so my girl friend wrote out the check for the remainder."
*** Because you didn't pay 100% of the vehicle. This is like going to the store and paying only 90% of the total grocery bill. You have NO right to claim the unpaid groceries..... and have NO right to claim the unpaid car.

"i did nothing illegal what so ever,i have and did give her the 1200 the next day for the coverage of the check.she took it upon herself to stop payment not me."
*** Yes, but her payment was on YOUR behalf. And since she stopped YOUR payment (that she made), you are stuck with the problem.

"well anyways,i have contacted the dealership and explained away and we are going to try to resolve this matter civil because it is a civil matter."
*** Correct, it is a civil matter..... at least until the dealer fails to get the FULL agreed purchase price for the vehicle.

"i have contacted the sherrifs office and they say it is a civil matter because i no way tried to defraud no one and it is going to have to be handled in civil court."
*** And what law school did the sheriff graduate from???

 

[maxtor]

well, i went a payed a lawyer $30 to find out for sure and the lawyer said that it is a civil matter and that i can not be charged with any crime,so i told him that i heard i should give back the vehicle to the dealership and he said no i shouldnt and i dont have to do anything at this point until the dealership takes me to civil court then i can explain what happended and he also told me to start a lawsuit against my ex for the 1200 i gave her.he said that if anyone can be charged it would be my ex and she can explain why she took her actions.just wanted to let you all know what i found out.thanx for the help anyways guys!