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Sold a Car, Payment Stopped, Now I Owe?

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BURNEDandANGRY

Junior Member
What is the name of your state (only U.S. law)? Colorado
My 17 year old son sold his 1992 Honda Civic to a private buyer on June 25, 2008 for $1,600.00. Despite my advice to only take cash, he said the people seemed nice and accepted a personal check for said amount. My son presented the check to our bank for cash on June 26, 2008 (cash needed to purchase his new/used vehicle). I mailed the Honda title to the new owner on July 1, 2008. On July 2, 2008 my son received a stop payment notice from our bank..stating $1,600.00 had been deducted from his checking account to cover the stop payment. I of course called our bank, only to hear the stop payment generated from the buyer at his bank was posted the very next day after the sale - June 26, 2008. The buyer has the car, has the title, and my son is out $1,600.00 ??? We have since received 5 notices from our bank of insufficient funds and fees to the tune of $200.00 because of this stop payment.
Do I have a civil suit matter? Do I have a stolen vehicle matter? Can a stop payment be issued on a cashed check? Buyer has not responded to phone calls - should I send certified letter demanding payment to cover agreed selling price of car plus the insufficient fees? Would appreciate some guidance. Thank you, LyndeeWhat is the name of your state (only U.S. law)?
 


erikill

Member
What is the name of your state (only U.S. law)? Colorado
My 17 year old son sold his 1992 Honda Civic to a private buyer on June 25, 2008 for $1,600.00. Despite my advice to only take cash, he said the people seemed nice and accepted a personal check for said amount. My son presented the check to our bank for cash on June 26, 2008 (cash needed to purchase his new/used vehicle). I mailed the Honda title to the new owner on July 1, 2008. On July 2, 2008 my son received a stop payment notice from our bank..stating $1,600.00 had been deducted from his checking account to cover the stop payment. I of course called our bank, only to hear the stop payment generated from the buyer at his bank was posted the very next day after the sale - June 26, 2008. The buyer has the car, has the title, and my son is out $1,600.00 ??? We have since received 5 notices from our bank of insufficient funds and fees to the tune of $200.00 because of this stop payment.
Do I have a civil suit matter? Do I have a stolen vehicle matter? Can a stop payment be issued on a cashed check? Buyer has not responded to phone calls - should I send certified letter demanding payment to cover agreed selling price of car plus the insufficient fees? Would appreciate some guidance. Thank you, LyndeeWhat is the name of your state (only U.S. law)?
Hi - well I would call the police and provide the VIN / tag. If you have the bank account information you have what you would need to garnish if you went to court. However I doubt they would show if they did something like this. You can always issue a stop payment. I would suggest police + filling a small claims for the cost of vehicle + insufficient fund fees yesterday to put more pressure on them.

Hope that helps.
 

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