My ex wife who has been severely depressed lost her job and is really struggling financially. Her central air conditioner quit working at the house and we have had a major heat wave in our area. She paid a heating and air man $156 to replace a capacitor. Long story short, her check bounced for lack of funds. The repairman came out to her house without notifying her while she was at work at her new job and removed the capacitor from the unit and wrote on it with a permanent marker: BAD CHECK, CONFISCATED PART!! DO NOT DO BUSINESS WITH THIS PERSON!! He did this so if she has it serviced again by someone else they would see this note. Can this guy come on her property and remove the capacitor without someone being at the house??
2007-08-30 01:55:59 · 9 answers · asked by hokiedokie24 2 in Politics & Government ➔ Law & Ethics
Pretty unprofessional on part of the repairman making the written comments.
He retrieved his property that the home owner wrote with insufficient funds.
It would have been better had he contacted the home owner and given her a chance to make the check good....however....I don't believe you have a criminal issue here!
2007-08-30 02:05:10 · answer #1 · answered by KC V ™ 7 · 4⤊ 1⤋
It depends on a lot of things as others have said. But personally I would take the hardline becasue this is way over the top. Personally I would have her call the police w.you being there or on the phone if she is not good at explaining things. Maybe "defacing property". Or if it does not come off or the finish is damaged during cleaning "destruction" and he can be sued for replacement of the whole thing.
So first she should take a picture of the damage. Personally I would leave it as it is and let it good and set in. Yes she bounced a check but everybody has done that in thier lifetime.
He could have simply resubmitted the check. She should call her bank and see if that was done. I would also put a stop payment on the check. She wouldn't want to have someone else fix it and then this guy puts the check through again. This will also cover any later issues.
And of course use someone else. Think about this....... if the guy was so vehement who knows what other damage he might have done? If she gets it fixed and he didn't get his money is he going to come back and disable the unit? She should tell the police that she is worried about that. My guess is there is freon.
So he has his capacitor. So is he going to sue her for a the $75.00 part of a service call? Doubtfull and maybe he will just place a call next time. I know what I said sounds a bit much but this is serious........ she needs to call the police NOW and not be shy about it.
2007-08-30 10:33:09 · answer #2 · answered by jackson 7 · 0⤊ 0⤋
Was there a "No Trespassing" sign posted? Also she probably signed some paperwork which might have stated certain terms and conditions. Also I think this sounds more like a case of pointing fingers. Your ex wife should take personal responsibility for writing a bad check. If she honestly did not know she did not have enough funds that's one thing...however she's an adult and she had work done on her AC. She should have made sure the money was in her account. Also the fact that a heat wave is coming through seems to be used for sympathy. We don't need AC to survive. Drink whatever and stay in the shade. I am sorry but I will have to agree with the serviceman or company for doing that. Don't order service if you can't pay for it. AC is a luxury...not a necessity.
2007-08-30 09:11:39 · answer #3 · answered by Stephen N 2 · 0⤊ 0⤋
The correct path for the repairman to obtain his funds or part would be to submit the check with affidavit to the county attorney after notifying the check writer of insufficient funds and demanding payment in writing, preferably by certified mail establishing legal evidence of his efforts. The County attorney would then submit demand and file charges for the insufficient funds check and adding penalties as allowed by law. If the check is not then paid the writer is subject to the issuance of a warrant and the repairman can file a "mechanics lien" against the property.
I have to disagree with the officer on the previous post. The repairman trespassed and "broke and entered" constituting attempted burglary.
2007-08-30 09:18:52 · answer #4 · answered by Wordsmith 3 · 1⤊ 1⤋
I'm not sure about the specific legality. Ethically, I think that a case could be made that he was within his right to retrieve his property. However, he trespassed on her property to do so. What's more, he vandalised her property. In my opinion, she would be justified in seeking a legal judgment against him for his actions.
Apart from legal measures, if it were me, I would contact the workman directly. I would apologize for the bad check, but then I would inform him of my intention to report his behavior to the Better Business Bureau, Angie's List (you have to be a member) and whatever trade organization he may belong to. I'd make clear that he has a justifiable grievance against me for the labor that he performed (we're already square on the part that he repossessed). However, I expect high standards from the workmen that I invite into my home and that he fell far below them.
I'm not sure exactly what resolution he could give that would convince me to not report his actions. I guess that I would have to see how he reacted and go from there. If no resolution is made, I would also seek out his business on the internet. Places such as yellowpages.com have space for leaving ratings and comments. I would rate him lowly and leave a comment explaining his behavior.
I'm a demanding customer. I pay and tip well when I'm pleased. But I'm vengeful when my expectations are not met. You don't have to seek legal actions to gain satisfaction for this jerk's actions.
2007-08-30 09:35:51 · answer #5 · answered by Joe S 6 · 0⤊ 1⤋
WOW. Don't know if it is legal for him to go onto her property or not without permission, but I give him credit for getting HIS property back and then leaving a warning for others. There must be more to it than what yur ex is telling you. More time spent between when the check first bounced and when the repair person removed "HIS" part. Sorry, I am on his side.
2007-08-30 09:02:24 · answer #6 · answered by Anonymous · 2⤊ 0⤋
Legally he can take back the part that was installed by obtaining a court order to do so. He can take her to small claims court to obtain his money. But to go there without notifiying her is wrong. He should have informed her that the check was bad first.
2007-08-30 09:04:07 · answer #7 · answered by pegasis 5 · 2⤊ 0⤋
it can be legal in some states--depends on the terms of a mechanics lien...which this is....but he has no legal right to deface her property and for this act she could,altho i do not recommend it, sue
2007-08-30 09:21:02 · answer #8 · answered by Anonymous · 0⤊ 0⤋
It was trespassing. He had no right to do what he did. Your wife could sue the guy. She has evidence that he did it.
2007-08-30 09:03:42 · answer #9 · answered by Isabel R 3 · 2⤊ 2⤋