I hired what I thought was a licensed electrician. He did the work then added more than he quoted I wrote a check then stopped payment on it as it was too much I gave him a check for the correct amount He then admited he wasnt licensed. He took the stop payment check to a check cashing company and now they want the money from me I think this guys license was pulled for doing this before. He is from out of town
2007-03-19 11:48:38 · 8 answers · asked by cleosmaster123 2 in Politics & Government ➔ Law & Ethics
As long as your stop payment order was placed prior to the cashing of the check, you are covered and are not required to pay, as your bank will not honor this check. If the Check Cashing store attempts to require you to remburse them for their funds that might be a small claims court suit, however that fact that you have already paid the unlicensed electrician for the work preformed might exclude any liability for you. In most states, an unlicensed contracter can not place a mechanics lien upon your property.
2007-03-19 12:06:14 · answer #1 · answered by Sailinlove 4 · 1⤊ 0⤋
The stop payment fails because the check cashing place is a Holder in due Course. Ucc 3-305 a, i berlive. However, the fact that the contractor was unlicsensed may make the contract null and void (illegal contract).
Illegality that nullifies the contract (like the check Springer worte to the hooker), is a defense that WILL work UCC 3-305b. That is what you should plead.
2013-10-14 11:16:33 · answer #2 · answered by Russell H 3 · 0⤊ 0⤋
It is already cashed! Your recourse is with him, and if he knew there was a stop payment on the check and cashed it, he committed a crime! Call the police. I hope you have some evidence as he is banking on that you do not!
2007-03-19 11:57:44 · answer #3 · answered by cantcu 7 · 0⤊ 0⤋
Well, if he got the money, he can't do anything to you. However, the check cashing place can come after you for the money. My suggestion is that you explain the situation to the check cashing place, then if they demand payment from you, your best bet is to contact the D.A.'s office.
2007-03-19 11:56:05 · answer #4 · answered by panthrchic 4 · 0⤊ 0⤋
I doubt it. You stopped payment at your bank. Any other institution that accepts it, I think accepts it at their own risk.
Call your bank; they would probably know the scoop.
Also, be proactive and file a formal complaint against this guy for practicing w/o a license. Call the police.
Or maybe you can sue him personally for fraud.
2007-03-19 12:01:30 · answer #5 · answered by Maryfrances 5 · 1⤊ 0⤋
I would say call your bank and the BBB and report him. I don't think you should be held liable and if the company is tell you should contact a lawyer. Also file a police report on the electrician for fraud.
2007-03-19 11:56:49 · answer #6 · answered by letigutierrez77 3 · 1⤊ 0⤋
Yes, he can put a mechanics lein on your home.
Settle the bill with him soon.
2007-03-19 11:52:25 · answer #7 · answered by Villain 6 · 0⤊ 1⤋
settle the bill, then take the loser to court
2007-03-19 11:55:34 · answer #8 · answered by sonya h 4 · 0⤊ 0⤋