Legal Question in Business Law in Georgia

I operate a small hand car wash & detailing business started in May 2010 licensed and insured. My partner on October28th washed a customer's car on the premises of the apartment complex where we resided at the car wash port. The customer gets damaged cars and resales them, this was a damaged car. When my partner finished washing the car, he parked it in a space next to other cars in the complex and close to our apartment. My partner said he lost the door key. The customer never picked the car up until 10/30/2010. When he came he said the car's front fender was damaged. He said I was liable for the damages to the front fender on driver's side and the key. He said he been doing the business for many years and I had to pay. He did not make a police report. I paid $98.00 for the key. I wrote a note stating I would pay for the damages to the front fender. We both signed it. I wrote a post dated check dated 11/26/2010 for $250 for damages. Being that my partner and he did business before and said he my partner would work with him the following week November 1st to the 5th, he would pay him $450.00 and that would well pay for the damages. My partner did the work for the week. On a Tuesday of that week he paid him approximately $75.00. On Friday my partner never received the rest of the money and the customer never returned his calls. Approximately, November 19th the customer call very upset and said that my partner did poor job and did not want to talk to him said he would only pay him $170.00. He just wanted his $250 dollars. He had the check I wrote him. He also stated he sold that car.The next day I called my insurance company and they said I was not liable for his car. They suggested I put a stop payment on the check. So I did put a stop payment. The insurance company said if he calls me tell him to call them. On Decemember 18th the customer call me very irate and shouting he would see me in court for the cancelled check. Am I in trouble for stop payment on the check?


Asked on 12/19/10, 7:23 am

1 Answer from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Most of your story was impossible to read and figure out what all those other details have to do with the $250 check. Getting through all the unnecessary parts, it appears you agreed to pay $250 for damage, changed your mind, and stopped payment on the check. If so, you certainly may be in trouble for the check - not just from a lawsuit but possibly a criminal charge if he pushes the issue. The time to decide whether you were liable is before entering an agreement to pay, not after settling the issue. Why would you ever take that kind of advice from someone at the insurance company?? You made an agreement. If you did not know all the facts before making the agreement, it is your fault. Pay the $250 or face the consequences.

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Answered on 12/24/10, 10:00 am


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