• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

endorsed paycheck to deceitful auto mechanic

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

M

mufflerbearing

Guest
What is the name of your state? we are in california and this is our problem

my girlfriend got a $500 salary advance from her work to pay for some auto repairs, she endorsed the back of the check and gave it and a post dated personal check for $700 to the repair shop, who accepted it as partial payment on a $1200 bill. But the car still ran crappy! Mechanic told her he would need another $800 to replace the fuel pump and that should fix it.

so that same day we took the car to a pontiac dealer who after running diagnostics said that the engine had internal damage and warped heads from blown head gasket and that it would cost $5000 to repair and it wasnt worth it to fix it. He also said that the other mechanic should have known that too. (part of $1200 bill was for diagnostic computer time) and in his opinion was trying to rip my girlfriend off and thought we should stop payment on the check. He also said the guy charged twice what he (the dealer) would have charged for the same repairs but he (the dealer) would have informed us that the diagnostics showed that those repairs wouldnt make the car run any better and would have advised us not to spend the money.

so, we stopped payment on $700 check, called her boss and explained situation to her and told her we wanted her to stop payment on the $500 salary advance check and also faxed her a written request stating the same. she said she understood, and would call the bank immediately and stop payment. we found out couple of days later that she never called the bank and that she never stopped payment and the check was negotiated by the repair shop the next day. her excuse was that it was payroll and she couldnt stop payment on employees paycheck without getting in trouble. (she is the owner of the company and it was a check she had written on a company account that had advance in the memo, not the same as the regular paychecks that are computer made) she didnt bother to call us back to inform us that the plan had changed. (i'm not sure if this had anything to do with her descision but - the mechanic is a friend of hers)

i want the $500 back! i would prefer it came from the repair shop but they said no. but i also say her boss is at fault because she didnt stop payment when we asked her to.

do we have any recourse against either party?? or are we likely to end up eating the $500 and/or the other $700 for unneccesary work on a car that doesnt run now. All this has happened this week.

my girlfriend is 8 months pregnant so $1200 wasted on unecesary repairs is a big deal to us right now.
 
Last edited:


JETX

Senior Member
Q1) "i want the $500 back! i would prefer it came from the repair shop but they said no. but i also say her boss is at fault because she didnt stop payment when we asked her to. do we have any recourse against either party??"
A1) Since the employer was under no legal obligation to put a stop pay on the check (once delivered to you it was YOURS), you have no recourse against him/her. You may have some recourse against the mechanic, but you will have to be able to prove the claims that you have made.

Q2) "or are we likely to end up eating the $500 and/or the other $700 for unneccesary work on a car that doesnt run now."
A2) You may have a problem getting the money back... depending on the specifics of any agreement or documentation signed at the shop.

Links of interest:
http://www.autorepair.ca.gov/StdPage.asp?Body=/GenInfo/Publications/Auto_Repair_Guide-Jul_1998.htm
http://www.smogcheck.ca.gov/stdPage.asp?Body=/Consumer/verify_a_license.htm
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top