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    I Am A Contractor With A Check For Payment For Services, That I've Been Told Not To Cash. If I Deposit It And They Put A Stop Pay Or It's Insuff Funds

    Re check for money I'm owed for contract work I performed that I'm told not to cash due to no money in their bank account. Which makes a better legal case for me to collect the money? Warning them that I will deposit it by X date, in which case they will probably order a stop pay, or just deposit it now and risk the insufficient funds? I will then send the account to a collections agency or small claims court. They're an LLC corporation and in PA. I'm in Colo.

    asked 9 months ago

    Answers


    If you deposit the cheque and it is bounced back for no money in the bank then you can sue the person or company which cheque is bounced. You have every legal right to sue the person. It is now up to you either you want to deposit it or not.

    answered 9 months ago

    IN SOME STATES THIS IS CALLED "THEFT-OF-SERVICE" WHICH IS A FELONY. YOU SHOULD CONTACT LEGAL PERSONNAL TO ADVISE YOU AND DO A LITTLE RESEARCH FOR YOURSELF ON PERFORMING WHAT IS CALLED "A MECHANICS LEIN". THIS APPLIES NOT ONLY TO CARS BUT TO ALL SERVICES PERFORMED BY, CONTRACTORS, PLUMBERS, ELECTRICIANS, ETC.. I WOULD MAKE COPIES (MAYBE 4, 5 FOR SAFTEY) OF THIS CHECK. GO TO HIS BANK, OR CALL HIS BANK AND REQUEST INFO. TO SEE IF THERE IS MONEY IN THIS ACCT.. HAVE HIS BANK FAX YOU VALIDITY OF THE ACCT., AND IT'S BALANCE, THEN SEND HIM A CERTIFIED COPY OF THIS CHECK, AND ACCT. INFO. ALONG WITH A LETTER STATING THAT THE CHECK WILL BE SUBMITTED FOR PAYMENT AND IF IT BOUNCES, YOU WILL PROCEDE WITH A LEIN ON HIS PROPERTY. IF HE REFUSES THE CERTIFIED LETTER, YOU WILL GET IT BACK...DO...NOT...OPEN...IT...TAKE THE LETTER AND YOUR BILL ALONG WITH CHECK COPY AND BANK INFO. TO YOUR LOCAL COURT HOUSE AND FILE A COMPLAINT AN FOR A MECHANICS LIEN ON HIS PROPERTY. CHECK WITH YOUR STATE LAWS OR THE STATE IN WHICH THE WORK WAS PERFORMED, AT THE LIBRARY OR WITH A PRO-BONO LAWYER, A LAWYER THAT WILL WORK ON CONTINGENCY, OR APARA-LEGAL FOR HELP...MAKE SURE YOU HAVE YOUR PAPER-WORK IN ORDER...AND DO NOT OPEN THE CERTIFIED LETTER IF IT IS RETURNED TO YOU...THE JUDGE WILL DO THAT IN COURT. CERTIFIED LETTERS USUALLY ARE "ATTEMPTED TO DELIVER" 3 TIMES, WITH-IN 30 DAYS, THEN RETURNED TO SENDER...HOPE YOU GET YOUR MONEY...I GOT MINE, WAS ONLY $1,800 BUT HE HAD TO PAY MY COURT COSTS.

    comment made by 2cabins 5 months ago    Report

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