Customer Stopped Payment On Check

HJConstruction

So i come home tonight to find out that a customer stop the final payment on there garage. Called him and he decided 5 days after the fact he was not happy with something. There was no heads up or phone call like hey i am not happy or i stop payment on a 3000 dollar check.

I want to know if anyone knows if what he did was illegal. I am so mad at the minute i want to just sue his pants off.

nap

possibly

what state are you in?

Chris Johnson

Your still within your lien rights, slap a lien on the place. Have your lawyer do it, when he decides to pay you, make sure he pays your lawyer and also your lawyer fees as well.

Trust me, your lawyer won't remove the lien until his fee is paid as well, guy pissed you off, now piss him off.

Oh, what was his beef about that he stopped payment?

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Chris

Stone Mountain

This has happened to me a few times.
2 years ago, I did a deck for a young guy, late 20's. The job was $7000, he gave me half as a deposit, gave my installer a $300 cash tip. We did an extra for an agreed $900.
The cheque was for $3500. I deposited it Friday(he was away for the weekend), but there was no payment of the $900.00.
Monday the cheque was stopped. When I reached the client, he stopped payment because he thought the $900 was too much. He'd agreed to the amount, but he hadn't paid it. Imagine his logic!!?
I took him to small claims, he didn't show. I got a defuslt judgement, then there was another meeting. Again he didn't show. I went to the bailif and had a permanent lein put on the house. Everything was according to law, and we dotted every "I" and crossed every "T". A year later, he got divorced and had to sell the house. I got paid my original $3500, my $900, 2% per month interest for 18 months, and all my costs. It came to over $8000.00 The guy nearly choked, but he had no choice.

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nadonailer

Check your state's laws first. You typically need to have filed a preliminary notice in order to file a lien.

I had a situation a few years ago where a customer stopped a check for $16,000. I filed a lien and ended up in court where I could not keep up financially with the fat cat (Dr.) So I ended up dropping the lien.

Most people though, will succumb to the pressure of a lien. It has worked for me before. Actually, you can go to small claims court for your amount in most states.

Don't ya hate 'em

Good luck!

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mmike032

I am in the process of filing a lien right now. However you have to take the right steps for the lien to be legit. First I just went to court house and filed but then i called a lawyer and he explained all the loop holes you have to jump through. You must notify the owner of the property that you are liening with a certified letter and several other things.

lien that bastard immediatly

john elliott

I have a feeling in many jurisdictions that stopping payment on a check is illegal in itself, apart from the lien issues.

Might be worth looking into

John

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Ed the Roofer said "John too, in his crass and blunt demeanor.............."

MGSProperties

Even if it’s illegal it does not always warrant you pursuing him. I understand that you are frustrated I would be as well. Take a deep breath, punch a wall, take a cold shower & cool off. Once you are back to your senses, pick up the phone and ask him what is going on. Try to resolve the issue as opposed to fighting it.

Dont get mad, get your money back

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nap

well, if he had posted the germane state...


most states statutes are available online.

john elliott

Sounds like he needs to fill in his profile (hint, hint)

John

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Ed the Roofer said "John too, in his crass and blunt demeanor.............."

fourcornerhome

Find out what the "something" is that he is unhappy about.Sometimes a little butt kiss goes a long way.Could be a simple fix.

Floordude

It is called perfecting the lien.

Letter of intent to lien the property, must be sent to all parties involved, by registered or certified USPS mail, especially a 3rd party lien. Be very specific and spell out the time line of how the events went down, that brought you to this position.

Then the following day go to the county courthouse and review liens that are similar to your situation(public records, they will print them out for you) and follow exactly what they did to word the legal composition. Compose your own. Don't sign it. Go have it notarized, you sign it then and go down and file it. It cost me $16 to file a lien here in Texas.

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excellencee

I'd find out what his problem was and if it's legitimate go fix it. Bite your lip if you have to, a little blood never hurt. But I would demand CASH. Cash never bounces and can't be stopped. I hope you didn't bounce any checks because of this turd.

BKFranks

What the hell is he not happy with? It's probably just easier to find out what he wants fixed and do it. I've done work for people like this. They'll nickle and dime you to death. The more time you give them to find some minor little error, the more time they will come up with things they want fixed or changed. Next time after he's done have him sign something saying everything has been completed and is satisfactory. Get cash.

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Ed the Roofer

Lien statutes vary from State to State. I have the Illinios version posted with a thread started under my user name if you want to search for it.

It must be followed to the letter, or else it can easily be disqualified.

A perfected Lien is one that is done within a specific time frame, (In Illinois), which provides precedant to other collectors in the judgement process. A non-perfected Lien is one that is submitted after the specific deadline, but valid, none the less, but places you farther down the pecking order in line of who gets dispersed their judgements first.

A judgement only means that you won. Then you have to file to collect and/or garnish wages or take possession of property.


Now, to avoid this circumstance in the future, please create an End Of Job Evaluation For Customer Satisfaction form, which alows them to vent any displeasure and punch list items in writing, with a 7 day time limit or else it is considered accepted as is.

This form works well, prior to issuing the final invoice and putting forth that additional work has been accepted and explained already and also alows them to voice their pkleasure and satisfaction as a written testimonial with a space for them to input referrals too.

You do not ask them to fill it out and get it back to you later. You hand them the form and you hand them a pen and tell them Fill this out while I am completing your warranty paperwork.

Ed

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