My husband painted a car for someone. The guy paid him with a check. He was moving to another state. A week later my husband found out from the bank the guy put a stop payment on the check. He has called him several times leaving messages but he will not return my husbands call. What does he need to do.
2007-09-11 12:47:09 · 15 answers · asked by shewoko 1 in Business & Finance ➔ Insurance
Did your hubby have a contract with him - a written contract or something written down ??
If so, file a claim at small claims court ... You have the stop payment check, a written contract or paper with his signature saying he will pay this amount ...
If not, still go ahead and file small claims court and the stop payment check will be his only chance of getting the money from him ...
Be sure he also pays for the fees that your hubby had to file at court ...
2007-09-11 12:53:48 · answer #1 · answered by Little J 4 · 0⤊ 1⤋
A customer did this to my father at his shop not long ago. Take him to small claims court and explain the situation to a judge. Did your husband give him any kind of proof like reciept or anything that he may still have a copy of. Also try and get the check back from the bank and explain the situation. If done right you should be able to get repaid plus the fees assocaited with a canceled check and whatever court costs there may be. Good Luck!
2007-09-11 12:53:21 · answer #2 · answered by Anonymous · 2⤊ 0⤋
Hon, hubby should keep all related paperwork from the job, what it cost him to paint the car and what he is out by this man's irresponsible behavior and get all the evidence he can find. Keep all correspondence from the bank and gather information on this man who stole from your husband and then file a small claims case. Just go to the Clerk of the Court in your jurisdiction and get the proper paperwork. The Clerk cannot help you file and you also cannot have legal representation for a small claims case, but it is simple to file and may cost $30 or less, so hop to it. Good luck, Love and Aloha and Lots of Chocolate kisses.
2007-09-11 12:57:23 · answer #3 · answered by Sgt Little Keefe 5 · 0⤊ 0⤋
File a claim in small claims court in your city. Advise the person who stopped the check (via certified mail with a return receipt) of the date of the hearing and that he can stop it by paying with a money order to cover the cost of the initial check plus the cost of filling. If he does not respond and does not show up, ask for a judgment and if possible, ask for collection expenses as well. Once you have the judgment you can contact the sheriffs office in the city he has moved to and pay them to act on your behalf. You can take personal possessions that when sold will be of the value you need to pay all collection costs plus the basic debt. Tell him in the certified letter that you plan to take such action.
2007-09-11 13:16:52 · answer #4 · answered by Anonymous · 1⤊ 0⤋
There's not a lot he can do. The bank will not honor the check....legally cannot honor it if there is a stop pay on it. It could be that he realized he doesn't have the funds to cover the check at this time, and plans on sending another. (Giving him the benefit of the doubt.) There's always small claims court.......
2007-09-11 12:53:48 · answer #5 · answered by centerstage 3 · 1⤊ 0⤋
Small claims court in the town where the guy used to live (when he wrote the check ) .
Should be an easy win , but collection may be an issue .
Also , if the court determines it was functionally theft ,
Then the police might pursue charges also .
You could put a lien on any of his assets .
>
2007-09-11 12:53:39 · answer #6 · answered by kate 7 · 1⤊ 0⤋
Take hiim to Small Claims Court. If he prevails, he should be able to attach the man's wages.
Good Luck
2007-09-11 12:58:02 · answer #7 · answered by Gertie 1 · 0⤊ 0⤋
Go down to the local DA's office and file criminal check fraud charges against him.
AND put a lein against the title of the car, for the cost of work.
2007-09-11 12:59:42 · answer #8 · answered by Anonymous 7 · 2⤊ 0⤋
The canceled tests teach which you paid to board your horses, yet not something extra. Your photographs might make certain that your horses have been, in reality, boarded on her sources. while you're alleging that the care grew to become into substandard or that it violated the words of a verbal boarding settlement, then a choose might ask you what grew to become into performed approximately it on the time. as quickly as you discovered the breach of settlement once you began boarding there, the choose might assume you to have relocated your horses as we communicate as unfavourable to having continued to pay to board your horses there collectively as alleging that the care grew to become into inadequate. Your canceled tests do not assist you in case you attempt to declare now which you weren't getting the centers you agreed to, yet you stored paying to maintain your horses there, and how might you clarify the reality which you have waited this long to do something approximately it? As I see it, you have not any criminal case now. regardless of in case you will possibly tried to sue on the time whilst this grew to become into going on, you will possibly could clarify why you hadn't in simple terms as we communicate discovered yet another boarding facility and moved your horses out in case you weren't happy with the care at this one.
2016-10-10 10:05:00 · answer #9 · answered by gaisford 4 · 0⤊ 0⤋
hard lesson learned. never take a personal check...money order or cashiers check is better. nothing he can do now...he will have to persue it thru small claims court. good luck!
2007-09-11 12:51:56 · answer #10 · answered by evanlah 6 · 2⤊ 0⤋