[rjm1cc]

This might help Florida Statutes 674.403 – Customer’s right to stop payment; burden of proof of loss >> LawServer
If your bank refused to honor the stop payment I think I would contact the state department that governs banks and discuss.
A stop payment would not be of any value if the person had to present the check at your bank. Normally he would deposit at his bank and your bank would refuse the check. Thus my assumption is your bank should reject the check and it does not matter where he originally cashed the check.

[retiredguy123]

Originally Posted by rjm1cc

This might help Florida Statutes 674.403 – Customer’s right to stop payment; burden of proof of loss >> LawServer
If your bank refused to honor the stop payment I think I would contact the state department that governs banks and discuss.
A stop payment would not be of any value if the person had to present the check at your bank. Normally he would deposit at his bank and your bank would refuse the check. Thus my assumption is your bank should reject the check and it does not matter where he originally cashed the check.

If the contractor presented the check to the check cashing company prior to the stop payment order being issued, the check is valid. When a stop payment order is issued, other banks and check cashing businesses are notified that the check is no longer valid, and it is their responsibility to check the database of stop payment orders before cashing any check. But, if the contractor presented the check after the stop payment order was issued, then the check should not be paid. The only way a stop payment order works is when it is issued before the payee cashes the check.

[DAVES]

Originally Posted by Djean1981

I had a similar experience years ago. I stopped payment on a check in time (before it was cashed). However the person took it to a check cashing store and cashed it.. When the stopped/ canceled check was presented to my bank, obviously it wasn't honored. However, the check cashing company was very smart. The stop on the check was only good for 180 days (per Wells Fargo rules). So the check cashing company redeposited the check at 181 days and it went through. Even if you stop a check in time, the "stop" may not be forever.

INTERESTING. I never heard of that 180 days thing. Wells Fargo for checking? Why? International money transfer?
Many, most of us are amateurs. Unethical players often have more experience than we do.
That 180 days sounds like when you dispute a payment with a credit card.

[retiredguy123]

Originally Posted by DAVES

INTERESTING. I never heard of that 180 days thing. Wells Fargo for checking? Why? International money transfer?
Many, most of us are amateurs. Unethical players often have more experience than we do.
That 180 days sounds like when you dispute a payment with a credit card.

Credit card disputes must made within 60 days from the statement date where the charge initially appears.

Stop payment orders on checks will be active for 180 days, but they can be extended for an additional 180 days. If there is a chance that the check could still be cashed, I would close out the checking account.

[DAVES]

Originally Posted by retiredguy123

I think that once a check has been cashed by the payee through a third party, it is too late to issue a stop payment order. A stop payment order only works when the payee has not yet endorsed the check and received his money. There is no time limit, and it doesn't matter whether the third party is a check cashing service or not. That is why many contractors will immediately go to a bank and cash a check. But, I don't understand why the OP would owe anything to the check cashing service. It was the contractor's choice to use the check cashing service.

It is all clearly confusing. Sort of in the same mess. you get a check a Florida check, time is longer for out of state checks. Your bank by law must clear that check in two days, you can use that money. If, the check bounces they will charge you back the money plus a roughly $20 fee.

[DAVES]

Originally Posted by Michael G.

If the job uses costly materials or special order to buy, some will ask for 1/2 down payments to purchase them.

As far as paying with a credit card, I've notice some will add the retail acceptance fee to the price of the job.

This whole thing has gotten complex. Far as credit cards, according to a friend of mine who had a retail store, the contract you sign with the credit card company says you cannot offer a CASH discount. They gocha because few people have or use cash. There are places that will say, I will give you a discount of ???? % if you pay in CASH. Watch in the grocery, how few customers pay cash. I get my 1-2%. It is actually your own money coming back to you.
The stores add the credit card fees into what you buy. Underground UNTAXED economy, suitcase cash, I would expect it is far less than it used to be.

[retiredguy123]

Originally Posted by DAVES

It is all clearly confusing. Sort of in the same mess. you get a check a Florida check, time is longer for out of state checks. Your bank by law must clear that check in two days, you can use that money. If, the check bounces they will charge you back the money plus a roughly $20 fee.

When a bank issues a stop payment order, they immediately post the check information into a national database that anyone who cashes checks has access to. This is official notification that the check is void and cannot be cashed. So, if someone cashes the check after it has been posted into the database, they are stuck with the loss.

[retiredguy123]

Originally Posted by DAVES

This whole thing has gotten complex. Far as credit cards, according to a friend of mine who had a retail store, the contract you sign with the credit card company says you cannot offer a CASH discount. They gocha because few people have or use cash. There are places that will say, I will give you a discount of ???? % if you pay in CASH. Watch in the grocery, how few customers pay cash. I get my 1-2%. It is actually your own money coming back to you.
The stores add the credit card fees into what you buy. Underground UNTAXED economy, suitcase cash, I would expect it is far less than it used to be.

I agree, but retail stores and restaurants benefit greatly by accepting credit cards. If they required cash, they would lose a lot of business. Credit cards are their friend.

[CosmicTrucker]

Originally Posted by midiwiz

It is with a heavy heart that one of our local contractors has followed the path of others. Recently we had Duane at Color Splash Painting (also a handyman) over to do an estimate for trim work. He has done other jobs for us, all reasonably on time and had been given deposits before. So we figured not an issue.

This time, he decided to cash this check at a check cashing facility rather than a bank. Which means a stop payment does not work (learned a new one). We wrote a check for $1000 as a deposit for about $3500 of work. I was supposed to get a call the next day - didn't. Was supposed to meet him to select and pay for the trim - didn't hear a word. Several text messages unanswered, several voice mails not returned.

So here we sit I had to pay the check cashing company while he has my $1000. even had a friend call him -he answered - said he would call me - never did.

I now have to try several avenues to get my funds back, a lot of work to do ahead and still have the trim work to be done.

I do not recommend using this vendor. You could be next .

Sad to see your original warning being lost, but thank you for the heads-up.

[Djean1981]

Yes. If I had known about the 180 days, I would have just closed the account.

[bilcon]

Originally Posted by midiwiz

It is with a heavy heart that one of our local contractors has followed the path of others. Recently we had Duane at Color Splash Painting (also a handyman) over to do an estimate for trim work. He has done other jobs for us, all reasonably on time and had been given deposits before. So we figured not an issue.

This time, he decided to cash this check at a check cashing facility rather than a bank. Which means a stop payment does not work (learned a new one). We wrote a check for $1000 as a deposit for about $3500 of work. I was supposed to get a call the next day - didn't. Was supposed to meet him to select and pay for the trim - didn't hear a word. Several text messages unanswered, several voice mails not returned.

So here we sit I had to pay the check cashing company while he has my $1000. even had a friend call him -he answered - said he would call me - never did.

I now have to try several avenues to get my funds back, a lot of work to do ahead and still have the trim work to be done.

I do not recommend using this vendor. You could be next .

Moral of the Story. Don't use some fly-by-night handyman for a major job. There are too many reputable painting and woodworking firms around TV for a big job like you wanted. I have never paid for any work in advance because I use companies that have capital to buy their supplies. You get what you pay for. Cruel lesson.

[MrFlorida]

If a company wants a payment up front, that means they don't have the money to buy supplies. That is a huge red flag.

[Bay Kid]

He must be in bad financial trouble if he willing to get in trouble with the law over $1,000.

[Travelhunter123]

Originally Posted by rjm1cc

This might help Florida Statutes 674.403 – Customer’s right to stop payment; burden of proof of loss >> LawServer
If your bank refused to honor the stop payment I think I would contact the state department that governs banks and discuss.
A stop payment would not be of any value if the person had to present the check at your bank. Normally he would deposit at his bank and your bank would refuse the check. Thus my assumption is your bank should reject the check and it does not matter where he originally cashed the check.

That is my understanding as well.

[Speedie]

Originally Posted by Wing-nut2

If he didn't do any work, go the Wildwood Police Department and file a complaint. If he did any work you're out of luck. We had the same thing happen with a landscaper. As long as no work was done, you can go after him. If you have questions, contact me.

Jim - your landscaper must not know you. He would have reconsidered who to steal from. Lol