Originally Posted by rjm1cc (Post 2126641)

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.

Originally Posted by Djean1981 (Post 2126593)

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.

Originally Posted by DAVES (Post 2126682)

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.

Originally Posted by retiredguy123 (Post 2126577)

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.

Originally Posted by Michael G. (Post 2126625)

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.

Originally Posted by DAVES (Post 2126697)

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.

Originally Posted by DAVES (Post 2126706)

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.

Originally Posted by midiwiz (Post 2126424)

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 .

Originally Posted by midiwiz (Post 2126424)

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 .

Originally Posted by rjm1cc (Post 2126641)

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.

Originally Posted by Wing-nut2 (Post 2126429)

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.