Guy bought boat, stopped payment on check

[StevieS]

A 60 year old ex lawyer bought a $300 boat in NH. He is from RI. He gave a not
for profit organization check. He stopped payment a week later. When called, he
said he didn't want the bad boat motor. Would not return the boat. He said, get a
lawyer. He has the boat and motor and we have no money. You can imagine
the chain of lost time and money he has caused us. We filed a small claim in NH.
Does he have a chance in winning?

 

[JETX]

You ask, "Does he have a chance in winning?"
Of course he does!

We have no way to answer your question any other way without knowing ALL the details that might make a part of this dispute. For example, he can claim that you offered a guarantee, or that you said, "Oh, its for a non-profit, just go ahead and keep it", or any of a myriad of other statements.

However, based solely on your post, it sounds like he would have a hard time justifying his position.

You might also want to check into whether a stop pay on a check is a violation of NH laws.

Finally, have you contacted the non-profit organization IN WRITING to let them know about the check writing and to see if they will make good on the check to protect themselves from liability?

 

[StevieS]

reply to your thoughts

Thank you for commenting on my case. We sold the boat with a bill of sale that said
"as is." we have a witness who saw the man take an hour to verify that the boat was in
good working order. He never called to say he was unhappy with the merchandise.
We were notified from our bank. We called the police and they said it was a civil matter.
When we called him to ask why he stopped payment, he said that he wanted the boat
but didn't want the boat motor. He offered to mail the motor to us and a send a check
for the boat minus the cost of shipping. We felt that if he was unhappy, he should have
made arrangements to bring the boat and motor back. It wasn't our responsibility to drive
two states away to try to retrieve our merchandise. He got very hot under the collar
and swore at us up and down. Then he said we were harrassing him and if we wanted
the boat, to get a lawyer.

The not-for profit foundation check was used. I can't find any information on the foundation.
He has his home address listed on the check. I am not a lawyer but I don't feel that he
is in the right. He has our boat and we have no money. Apparently he will be served over
the next month but if he doesn't show up, we will win and if he doesn't pay, he'll have a
warrant out for his arrest in the state of NH. Is their any other way to get this guy?
It's now beyond the money issue, it's the principle. We feel that he stole from us and may
get away with it. Thanks.

 

[JETX]

A couple of random comments:

1) You say, "we will win and if he doesn't pay, he'll have a warrant out for his arrest in the state of NH."
That in itself is NOT correct. A warrant will not issued solely for non-payment of a judgment. You will have to domesticate the judgment to his home state (where his assets are) and attempt to enforce the judgment there.

2) You say that he is a 'retired' attorney. Since most attorneys like to 'dabble' in legal issues, I would assume that he has retained his license. If so, you might contact the RI (?) State Bar and file a complaint against him. It may not result in anything, but you could certainly cause him some 'ordeal'.

3) This 'non-profit' organization thing seems to be interesting. What do you know about it?? Is there such an organization?? If not, and he is claiming or using this for personal benefit, that could be fraud. I would spend a little time investigating this, it might lead to a criminal complaint.

4) You might consider filing a THEFT complaint with his local police department or county DA. They might also insist it is civil, but it really isn't. Keep persisting and insisting!

My link to NH statutes isn't working (seems their server is down), but you might want to check to see if a 'Stop Pay' violates any state laws.