I was going to have a guy put a metal fence on my house. He was going to charge me 3650 for the work. He asked me to give me half the money to start the work. I made a deposit receipt stating the work description and the amount i was giving him for deposit. He came the next day for the deposit. He made too many changes in my receipt besides the fact that he didnt want to write down the license number and on top of that asked me for more money than we agreed at the beginnig plus other things that i didnt like he changed last minute. I gave him the check for 2,025 but minutes after he left i changed my mind about this guy and made a stop payment on the check and called him to tell him not to cash the check. He told me it was too late that he had deposited it already. I offered to cover the penalty fees since it was my fault but i dont want to do business with him. Can he do any legal action against me? he said that because of me his bank account had been frozen.
2007-09-05 14:36:30 · 9 answers · asked by mteresara 2 in Business & Finance ➔ Other - Business & Finance
Note that there was no contract signed at all and he was working without a license. All i did to protect me was a receipt describing the work he was going to do and the amount i was giving as a deposit. He wants to blame me because his bank account was frozen because of my stop payment and apparently he wants money from me, he even threatened me that i was going to loose a lot because of all this!!!
2007-09-05 15:02:10 · update #1
Yes, he can take you to court and recover damages. If his business account has been frozen the damages might add up very fast.
You should have let the check go and went to court immediately to recover. The way you did it is just a case of buyer's remorse and illegal.
2007-09-05 14:41:56 · answer #1 · answered by Anonymous · 0⤊ 0⤋
First, I would contact the Better Business Bureau to check on his history. You can also look up his number (if he is licensed) on the internet from the state in which he works. Also contact your bank to make sure what you did and are doing is the right procedure. Did you both sign a contract that stipulates any fees if the contract is cancelled? If his bank is frozen, it is not from you, it is from his undoing for a number of reasons. Good luck.
2007-09-05 14:45:33 · answer #2 · answered by koa 2 · 0⤊ 0⤋
If he hadn't started the work he can't take action. Placing a stop payment on the check shouldn't have caused his account to be frozen (particularly if you place the stop on the same day you gave him the check or he deposited it).
I would suggest you contact your City or County Registrar of Contractors for assistance.
2007-09-05 14:47:30 · answer #3 · answered by Anonymous · 0⤊ 0⤋
No the thing is that when you do a stop payment you also get charge for the stop payment and you don't have money for that until you cover your overdraft also the city is going to charge you something for not paying too. But if you don't stop it the city can try couple times and every time they try you get charge the overdraft fee. Talk to the Manager and see if she can help you. Good Luck!!
2016-05-17 16:59:13 · answer #4 · answered by mercedes 3 · 0⤊ 0⤋
He can't do anything to you. You have 3 business days after a contract is done to change your mind. Stopping payment on a check will not freeze his bank account. He has other problems with it. It seems like your instincts were right.
2007-09-05 14:45:03 · answer #5 · answered by Oliver1010 3 · 0⤊ 0⤋
You did the right thing in making stop payment. My best bet is he will do the small portion and never see him again. The law is very clear regarding home contract work. Only 10% is allowed upon contract signing and you can change you mind within 24hrs of signing the contract.
2007-09-05 14:54:45 · answer #6 · answered by Goodhead 3 · 0⤊ 0⤋
Call your bank and see if the check has cleared. Chances are, it hasn't. Checks clear electronically at midnight so it depends on when the stop payment was made. Hopefully thecheck son't clear until after it was made. Talk to your Personal banker if you have one. Or an executive there. This has happed to me and my personal banker helped me resolve it. Don't wait. Get to the bank as soon as it opens. Good luck
2007-09-05 14:48:50 · answer #7 · answered by misty_blue2u 4 · 0⤊ 0⤋
his bank account can not be frozen due to your action. just pay for the fault and let him be.
get a free lawyer and tell him that you lost your trust to the guy that is why you backed out. there was no worked done so there shouldn't be any payment.
2007-09-05 14:49:46 · answer #8 · answered by Anonymous · 0⤊ 0⤋
did he really deposit the check. frozen account that never happen to me. the answer is no. you can take him to court.
2007-09-05 14:43:29 · answer #9 · answered by Mark G 3 · 0⤊ 0⤋