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Contractor Problem - warning!
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 . |
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.
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Can someone please explain the purpose for a deposit when no work has been done? I would never give a deposit to a contractor. But, if for some reason I did, I would insist on the contractor accepting a credit card.
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Confused why did you need to pay the Check Cashing Company?
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The painter CASHED the check at a check cashing company, rather than deposit it in his business account... |
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They paid out funds to the painter. Unfortunately, he has no recourse against the check cashing company... |
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My priority would be to get your money back. If, you hire someone else and he shows up to do the work, it will of course get messy. We used James Rockholt of Rockholt Painting 603 391-6658 price was good, work was GREAT. They painted our entire exterior. The speed, the quality, the painting TEAM wow it was impressive. |
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.
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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.
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In either case there are time limits as another poster pointed out the stop is 'gone' after 180 days which is correct. However I didn't post this for couseling on stop payments, collecting the money or anything it was to report a bad contractor that shouldn't be used. |
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"When Can You Stop Payment On A Check? Generally speaking, stopping payment on a check is possible at any time prior to the check being cashed. Once the check has been cashed by its recipient, the person who wrote or authorized the check will not be able to make a stop payment with their bank." I was just clarifying the rules for stopping payment on a check, made by another poster. |
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As far as paying with a credit card, I've notice some will add the retail acceptance fee to the price of the job. |
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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. |
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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. |
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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. |
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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. |
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Yes. If I had known about the 180 days, I would have just closed the account.
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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.
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He must be in bad financial trouble if he willing to get in trouble with the law over $1,000.
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It’s been said 1,000 times, don’t give money to a contractor up front, yet we’re always seeing postings from people who did just that, then they complain they were taken and lost their deposit. |
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Close the account
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I have had several contractors here to do different things, I have never given them anything up front and always paid after the work was completed. this even included the landscaper who put out over $1000 in just materials. I think most reliable contractors will work this way.
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Small claims ? Do it yourself , costs under $100 and you can add it to claim.
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I feel your pain. Happened to us. It makes me so sad that people feel they can steal from other people.
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