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midiwiz 08-16-2022 06:50 AM

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 .

Wing-nut2 08-16-2022 06:57 AM

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.

retiredguy123 08-16-2022 07:14 AM

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.

Keefelane66 08-16-2022 07:54 AM

Confused why did you need to pay the Check Cashing Company?

JMintzer 08-16-2022 07:59 AM

Quote:

Originally Posted by Keefelane66 (Post 2126458)
Confused why did you need to pay the Check Cashing Company?

He didn't pay the check cashing company.

The painter CASHED the check at a check cashing company, rather than deposit it in his business account...

Stu from NYC 08-16-2022 08:22 AM

Quote:

Originally Posted by Keefelane66 (Post 2126458)
Confused why did you need to pay the Check Cashing Company?

I think he had to pay whatever charge the check cashing company charges to pay out the $ 1000. No idea why they would pay that also.

JMintzer 08-16-2022 09:00 AM

Quote:

Originally Posted by Keefelane66 (Post 2126458)
Confused why did you need to pay the Check Cashing Company?

Quote:

Originally Posted by Stu from NYC (Post 2126476)
I think he had to pay whatever charge the check cashing company charges to pay out the $ 1000. No idea why they would pay that also.

No, the Check Cashing Company was the one who technically cashed the check...

They paid out funds to the painter.

Unfortunately, he has no recourse against the check cashing company...

DAVES 08-16-2022 10:43 AM

Quote:

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 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 .

A bit confusing. Re: check cashing service. I would call your bank. There is a time period that you must stop payment before. I expect the contractor went to a check cashing service for which HE PAYS a significant fee because he owes people money and their is a lien on his bank account.

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.

retiredguy123 08-16-2022 11:25 AM

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.

Djean1981 08-16-2022 12:29 PM

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.

midiwiz 08-16-2022 12:34 PM

Quote:

Originally Posted by Keefelane66 (Post 2126458)
Confused why did you need to pay the Check Cashing Company?

if a check cashing company cashes the check and you stop payment on that check it doesn't apply - you then owe the check cashing company the money.

midiwiz 08-16-2022 12:40 PM

Quote:

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.

actually that's incorrect. you don't have to stop payment before he's endorsed it - case in point he deposits the money in his account - you can still stop payment up to 90 days from the date of writing the check. In my case it was stopped within 48 hours.

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.

retiredguy123 08-16-2022 01:36 PM

Quote:

Originally Posted by midiwiz (Post 2126599)
actually that's incorrect. you don't have to stop payment before he's endorsed it - case in point he deposits the money in his account - you can still stop payment up to 90 days from the date of writing the check. In my case it was stopped within 48 hours.

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.

My bank has no 90 day rule. If he deposited the money into his account, he had to endorse it, so the funds could be transferred from your account into his account. This is the same as cashing the check.

"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.

Michael G. 08-16-2022 02:00 PM

Quote:

Originally Posted by retiredguy123 (Post 2126439)
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.

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.

retiredguy123 08-16-2022 02:27 PM

Quote:

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.

Any reputable contractor should accept credit card payments, even if he charges the small bank fee to the customer. For materials, the customer can purchase expensive materials directly and have them delivered to the project. But, some contractors require a cash or check deposit before they perform any work. If that is the case, I would not do business with them.

rjm1cc 08-16-2022 03:00 PM

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 08-16-2022 03:21 PM

Quote:

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.

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 08-16-2022 04:17 PM

Quote:

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.

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 08-16-2022 04:34 PM

Quote:

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.

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 08-16-2022 04:44 PM

Quote:

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.

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 08-16-2022 05:00 PM

Quote:

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.

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 08-16-2022 05:03 PM

Quote:

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.

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 08-16-2022 05:08 PM

Quote:

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.

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 08-17-2022 05:31 AM

Quote:

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 .

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

Djean1981 08-17-2022 05:38 AM

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

bilcon 08-17-2022 06:03 AM

Quote:

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 .

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.:sad::sad:

MrFlorida 08-17-2022 06:24 AM

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 08-17-2022 06:29 AM

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

Travelhunter123 08-17-2022 06:34 AM

Quote:

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.

That is my understanding as well.

Speedie 08-17-2022 06:38 AM

Quote:

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.

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

Travelhunter123 08-17-2022 06:39 AM

Quote:

Originally Posted by bilcon (Post 2126809)
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.:sad:sad:

Most reputable companies can return supplies, including paint, to their vendors.

jimkerr 08-17-2022 06:43 AM

Quote:

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 .

Why did you give them a deposit knowing this is how scammers scam people?

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.

PurePeach 08-17-2022 06:48 AM

Quote:

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.

Also, report the guy who screwed your over to Crimes Against Seniors.

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

Call Troy Rosenberger, +1 (352) 812-3549. He is a reputable business and does beautiful work. I’ve recommended him to others who’ve loved him as well.

midiwiz 08-17-2022 06:50 AM

Quote:

Originally Posted by retiredguy123 (Post 2126617)
My bank has no 90 day rule. If he deposited the money into his account, he had to endorse it, so the funds could be transferred from your account into his account. This is the same as cashing the check.

"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.

still wrong..... don't even try to explain it again - I have a banking background. - systems.

midiwiz 08-17-2022 06:53 AM

Quote:

Originally Posted by retiredguy123 (Post 2126646)
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.

again... another one - that's not how it works....

ronda 08-17-2022 07:17 AM

Close the account
 
Quote:

Originally Posted by midiwiz (Post 2126599)
actually that's incorrect. you don't have to stop payment before he's endorsed it - case in point he deposits the money in his account - you can still stop payment up to 90 days from the date of writing the check. In my case it was stopped within 48 hours.

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.

I guess you could close the account to avoid the 180 problem. I now it’s a pain, but my be worth it

jammaiora 08-17-2022 08:16 AM

Quote:

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 .

Call the police and file a report. Then take him to small claims court. Post the experience, with his name and phone number on any social media sites. Find his home address and post that as well. Next time, never, ever, give someone a deposit for work to be done, unless they bring you the paint to be used - and it equals the deposit.

Birdrm 08-17-2022 08:40 AM

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.

Luggage 08-17-2022 08:44 AM

Small claims ? Do it yourself , costs under $100 and you can add it to claim.

eiannace 08-17-2022 09:00 AM

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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