I had some work done on my house 2 years ago, I paid by check, and it was never cashed. Now 2 years later I am being contacted by the busness saying I never paid. Can they do this?
2007-09-11 09:52:53 · 6 answers · asked by Joe C 2 in Business & Finance ➔ Credit
it doesnt sound like they should be able too. tell then that you gave them a check but it never was even presented to your bank. unless they can prove that you didnt pay for it i wouldnt pay anything on it.
2007-09-11 10:00:12 · answer #1 · answered by Volsfan 4 · 0⤊ 1⤋
1) Anyone can request anything. That does not mean that you have to comply with the request.
2) If they sue you, you probably win if either (a) you can prove that you paid the bill, or (b) they gave you a receipt for the check. Otherwise, you should check the statute of limitations.
3) You should stop payment on the original check that they lost and then write them a new check for the same amount minus the amount that the bank charges for the stop payment order, so that you are not out any money.
2007-09-11 11:46:09 · answer #2 · answered by StephenWeinstein 7 · 1⤊ 0⤋
If you can not prove that you did pay them and that the check did clear your account, then maybe they can.
You should probably check the state laws on this, but if there is nothing there, you are liable, especially if you signed a contract.
There may be a state law pertaining to the statute of limitations. Since this pertains to work done on your house, they can file a mechanic's lien on it which will stay on it forever. When it comes time for you to sell the house, you will have to pay them for them to remove the lien. Not a good thing to have hanging around when you want the sale of the property to go through.
2007-09-11 10:12:03 · answer #3 · answered by Steveo 5 · 0⤊ 0⤋
If your check never cleared, then your contractor wasn't paid. And yes, you do still owe the money.
But it is kinda tacky on the contractor's part to claim you never paid when they mishandled your check. From personal experience I know how embarrassing it is to ask a customer for another check because your office lost the first one.
Even if it's been 2 years, I'd stop payment on that first check, just in case. Send the contractor a letter, certified mail return receipt, with the check. Tell them you have deducted the cost of stop payment on the check they lost.
2007-09-11 10:09:32 · answer #4 · answered by bdancer222 7 · 2⤊ 0⤋
It is legal for them to contact you but may not be legal for them to collect. Hence the statue of limitations. My suggestion is start by going to your bank and finding out if they found the check will the bank still process the transaction. They may be trying to scam you by finding an old check, getting you to write a new one, then depositing both. At this point until they file a lawsuit and you are given a court date I would tell them to get lost.
2007-09-11 10:05:05 · answer #5 · answered by Lily 7 · 1⤊ 0⤋
Yes they can.
The check never got cashed, so the money never left your bank.
They should have caught it two years ago, but I don't believe this has passed any statute of limitations.
2007-09-11 10:06:14 · answer #6 · answered by gefyonx 4 · 1⤊ 1⤋