Car was repaired and returned to customer, then he canceled the check.

[araorun]

My husband's cousin took a wrecked car to him to fix and complained about the length of time he took to fix it, after many "family favors" my husband has done for this cousin in the past. He picked up the car, and then canceled payment on the check. My husband thinks the only way to get it back is to sue him. I think we could have him arrested for grand larceny considering it was thousands to repairs this car, not to mention a round trip from Memphis to Nashville to get parts just to fix it for him.

What can my husband do to get back payment? He doesn't have money to hire a lawyer and sue, despite what he says. We have a child and we survive on this money and this is a family member! Even his mother was threatening not to pay because it took so long to fix--but it was nearly totaled, and my husband works by himself.

What are our options?

 

[army judge]

My husband's cousin took a wrecked car to him to fix and complained about the length of time he took to fix it, after many "family favors" my husband has done for this cousin in the past. He picked up the car, and then canceled payment on the check. My husband thinks the only way to get it back is to sue him. I think we could have him arrested for grand larceny considering it was thousands to repairs this car, not to mention a round trip from Memphis to Nashville to get parts just to fix it for him.

What can my husband do to get back payment? He doesn't have money to hire a lawyer and sue, despite what he says. We have a child and we survive on this money and this is a family member! Even his mother was threatening not to pay because it took so long to fix--but it was nearly totaled, and my husband works by himself.

What are our options?

Your husband can report the matter to the police.
From what you posted, I doubt that he'll do that for reasons you haven't revealed, but icanread between the lines.


The law in TN IS VERY CLEAR:

http://www.tncrimlaw.com/TPI_Crim/11_09.htm

http://www.mytennesseedefenselawyer.com/criminal-charges/fraud-forgery-worthless-checks/

You should have placed a mechanics lien.
If he does anymore business, he should take cash only, no checks or credit cards.

What hubby CAN, he can't or he won't do.

Those things are his only hope.

He can sue his cousin, (normally that's a waste of time - small claims), or contact the police and see what they can do.

He should also accept cash ONLY going forward, no checks or credit cards.

Good luck.

 

[mightymoose]

If he makes a police report for fraud the cousin may suddenly feel compelled to clear up the "misunderstanding".