Fool gives sincere post dated ck that fails

[LAR]

In Oklahoma, a truck driver got word his father was dying. He was invited to go visit dad.
Well, his 20 year old junker car wouldn't drive that far. He went to a dealer, and was sold a 96 truck . The dealer let him drive the truck off after accepting a post dated (30 days) personal check for $2,700 as the down payment, a contract was signed for monthly payments of over $300.

After returning from visiting his dying father, the trucker realized there was no way he could cover that check, much less keep up the insurance payments on it, he didn't even have the money to get the truck registered in his name. He's still on dealer's tag.

The truck is parked. It is insured, he tells me, till the end of this month.

What can he do to get out from under this "deal". What are his options.
He's getting sick at the prospect of going to jail.

Yeah, it was stupid. I'm an acquaintance trying to help. Wasn't me that did this.

Thanks for any reply.

There is no way he can pay the insurance, truck note, and the bad check anytime soon.
The dealer doesn't want the truck back. They're pushing him to pay it all. There's no way. The trucker did the deal in extreme duress expecting his father's imminent death, and did this very foolish thing.

 

[Ronin]

Now that sounds like a homework question with two fools involved in the vehicle transaction, and maybe one more if it is a homework question that one is having difficulty answering.

 

[LAR]

Not a homework question, it's true

So, the two fools are the dealer and the trucker? Already knew that.

 

[Ronin]

If the check that was written with insufficient funds to cover it has not been cashed, one option may be for the check writer to have the check cancelled by his bank before it is cashed. The dealer is probably still holding onto the check waiting for the post-dated check to reach its date. While cancelling it will create other problems it may still be a better alternative than being busted after the $2700 check is deposited with insufficient funds to cover it. At least it would then be more of a civil matter than criminal matter. In some states post dated checks are not necessarily legal.

It would be most sensible to find an attorney quickly and pay a couple of hundred bucks or whatever for some good advice on how to best proceed in this matter. Could save a whole lot more agony later.

 

[LAR]

Called 4 local offices, no one works such cases

Kept getting invited to try someone else. "That's not my speciality." and we'll call you later.



Have been told to return the truck and get a signed "voluntary repo" receipt for the truck. And then try to work out payments on the check. Still looking for that local lawyer in OK city area to help with this.