PLEASE HELP!!Stop payment on a boat

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j0ker

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I sold a guy a boat,as is, and he,right away,stopped payment on the check.A few days later he left the Destroyed boat on my neighbors property and in the street(title and all) I had to recover the title and property from a metal scrapper,who was in his legal right to take what he was holding a title for..I feel I do not actually own the boat?I am refusing delivery?I was able to recover it,though..now the police make it sound as if there is no criminal offence?
So as I begin my journey to civil action.I am faced with a few questions as to how I should proceed? Do I sue him for breach of contract?or do I sue for the amount reflected in this Florida Statute 68.065,based on the stop payment?
I don't want to be wrong again.I thought Statute 832.07 would have him criminally prosecuted for sure!
 
How much are we talking about?

If it's a small amount, sue the bad person in small claims court.
 
The total check amount was for.. $1250.00,
1 do i sue under the statute i referenced?it says i can sue for 3 times the amount of the check?$3750.00
2 or am i suing for breach of contract?in the exact amount?$1250

I am filing the paperwork as soon as today?ive been waiting for the certified mail to proceed..now all i need is the answer as to how to proceed, so i dont look like i did on the criminal statute..i relied on that and now theres no charges filed?
 
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You sound really upset. Take a deep breath. You can sue for whatever you want to, but it looks bad on you. He returned the boat and you are out nothing, or sue him for the price of the boat, and present the signed check as a contract of sale.
 
should I acknowledge that post?
whats that mean?I'm simply asking 2 questions..I'm calm and trying to give an accurate description..

out nothing?
I have refused delivery of a abandoned boat,not the running boat that I sold this gentleman title and all?I don't want it..its not mine..the metal scrapper has the title,and i warned him of this when he abandoned it(i may have not stated that correctly above..i could have/buy? the boat back, if advised, from the metal scrapper!)although this raises 1 more question at this point.I have no responsibility to track it down since he abandoned it title and all?no matter where he abandoned it!

I asked two very important questions u must not have read/misread that part;

The total check amount was for.. $1250.00,
1 do I sue under the statute I referenced?it says I can sue for 3 times the amount of the check?$3750.00(or do i have to prove intent to defraud,like the criminal statute)
2 or am I suing for breach of contract?in the exact amount?$1250

I cant think of a more intelligent way to phrase this
 
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Sorry I did misread the post or confused it with another. I am not familiar with your state statute, but I would want more if it was me. Get pictures, and estimates for repairs to show the boat was a total loss. It sounds like he had a good lawyer, so be prepared. Go ahead and file for the $3750, argue your case. It sounds like you won't come out with less than what you are out.
 
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