Legal Question in Consumer Law in Virginia

business refusing my check

I have had service done to my lawn mower & the repairman has over charged 140. from his guaranteed maximum quote (quote was given by his employee who is no longer with him). We have had a dispute over the charges but have worked out an agreement to pay what he charged if he gives a warranty & delivers the mower back to us. His son has stepped in & refused payment by check, but they do not have a no checks accepted sign posted. If he accepts others checks, & we have never passed a bad check to him, does he have the right to demand cash? He wants payment in cash before he delivers the mower & I refuse to give him cash as we will have no recourse if he chooses to just keep the mower. I told him i would pay upon deliver & he has refused to release the mower until he has cash in hand. Obviously, if he delivers the mower, he has both my phone number and address and will know exactly where we live. He kept our mower for 6 weeks & broke more things on it than he repaired, but we have agreed to pay the invoice in exchange for getting our mower back. I feel he is being discriminatory in refusing our check while accepting others, especially since we have never written a bad check, & makes me fearful that he will take the money & run.


Asked on 6/27/09, 5:21 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: business refusing my check

Yes, the mower repairman can demand cash(in my opinion), but you don't have to actually tender such payment to him until he delivers the mower to you at his place of business or another place which is mutually agreed upon for this transaction.

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Answered on 6/28/09, 9:08 pm


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