Landscaper Scammer
 

I was given a card from "EARTHSCAPE" Specializing in Landscaping Service and called to have some work done. I was given a reasonable estimate and the work was begun without any payment. A small amount of stone removal was accomplished and the remainder was left in piles all over the property. I was then asked for a check for 1/2 of cost to finish job ($800) which I submitted by check. I never heard from him again and I still have piles of rocks in my yard. There is no answer to the dozens of calls I have made to both phone numbers supplied. I put a stop on the check which he cashed at a Check Store and now THEY want me to give them the $800. I have since been told that this man goes around telling everyone how he is trying to start up his business and will do a great job because he wants to make a reputation for himself. His name is John Andrews and there is no such place as EARTHSCAPE that knows him so I recommend that everyone beware of falling for this. I plan to pursue this with the local police because anything over $500 is larceny and I think this guy should be stopped.

The law reads intent, is why he removed some stone Etc....
This guy knows how to scam, Give the Check cashing company nothing and make a police report. The law also say intent of a crime and if more people make police reports his days are numbered, good luck!
most banks would not cash the check unless he has a business account that's why he went to a check cashing company that charges a hefty percentage, Shame on them!

Huh? If your bank took $800 from the check store because you stopped payment, then the issue is between the bank and the check store. It doesn't appear to be your problem.

In the future, I would always pay anything with a credit card. If a contractor won't accept a credit card, find another contractor.

Wow, sadly a mess. My OPINION, I am not an expert and reality, should it go wrong,
I am accepting no responsibility. Every problem is what to do about it. Re: stopping payment and the,"Check Store," wants to be paid. I would ask your bank what to do.
The landscaper used a check cashing service, they charge a fee for this service, does not seem to have a bank account or perhaps it is frozen due to financial issues. It is time to build a file in case you need it. Old school perhaps but a letter return receipt is proof. A phone call is not. As to advice from your bank and return receipt letters even if done by phone, a return receipt letter stating this is confirming my conversation with
Mr. Ms NAME on date and time.

Of course the check cashing service wants to be paid. They are not on your side.

Been there done that. The reason you want to document everything in writing. Is they may well turn you over for collection. They will try themselves. Then they may well sell the file to a cheap and dirty collection service. Your file will help you. Should they turn
this into the credit agencies. You have the right to insist they put that into your file.

I don't see how the check store can have a claim against someone who signed a check and then asked the bank to stop payment before it was cashed by the bank. The check store has no contract with the OP. If the check store wants to collect, they need sue the bank. They are supposed to verify the status of the check with the bank before they cash it. There is a database for stop order checks that the check store apparently failed to use. I wouldn't give them any money. The bank charges a substantial fee to stop payment on a check, and they make a lot of profit on those fees.

Regrettably there is a big difference between right, wrong, legal and reality. We've all had this happen. A company has records that some bill has not been paid and is owed by you. Rather than checking their records, they send you a letter that the bill is past due. You spend your time to do their work. You spend your time, you as I would spend your money to send it return receipt. I went through this three times with an electric bill on my previous home. Three times in the past nine years. First of all the bill was paid
and I supplied them with a copy of their final bill as well as my cashed check with my memo on the front of the check as well as on the back over their endorsement paying final bill #. Along the way the company was sold. Copy of my files was sent return receipt with a polite letter. Return receipt cost me $7.00 copies time etc. A year or two later it sprung back to life. My third letter went this is the third time you are trying to force me to do your job. I am not doing it. Enclosed you will find the receipt for my previous reply-go find it.
Stop payment. That too came into this. The same mismanaged company sent me a check in the amount they were wrongfully claiming I owed them for a nine year old paid bill. I wrote another return receipt letter yup cost me another $7.00. I told them they had sent me a check. I demanded they send me an apology letter and that I receive it in two weeks or I will simply cash the check they sent me. Three weeks later I deposited the check. Two weeks after that they stopped payment on the check that had already cleared. Checks by law clear in I think out of state they have 10 days-it was passed that.

Truth my intention was not to steal from these fools it was to have it go away permanently.

Further, in my case there is a limit on time for people to attempt to collect a bill. This PAID BILL, if it was not paid was years past the limit for them to pursue it. Aside, I do pay all bills on time and I have a top credit score.

As I said been there done that. Right, wrong, legal and reality are often not the same thing.

I'm confused as to what this has to do with the situation. Both the check store and the bank charge large fees to process checks. That is what they do. If the OP wrote a check and then asked the bank to stop payment on it, and the bank refused to pay the check store, that is the end of it. The check store has no legal agreement of any type with the OP, and cannot bill the OP for anything. The check wasn't even issued to the check store by the OP, it was issued to the contractor. If the stop payment order was in place, the OP doesn't owe any money to anyone. The check store is at fault for 1) accepting a check from an unscrupulous contractor as payee, and 2) for not checking the stop payment database. It might be different if the check store was the payee on the check, but they weren't. So, it is their problem and that is why they charge so much to cash checks. It's a risky business and they accepted a bad check from a dishonest payee.

Try contacting one of the Orlando tv stations. They have consumer affair reporters that like these kind of stories

No such business exists? You hired him without checking? As they say, Buyer beware!! Now thats a lesson learned for the future. Unless you can prove this is an on going scam, its a civil matter. You hired him. Youre responsibility to check him out. So, dont be surprised when police tell you that

Check processing is very quick these days. Not like 20 years ago when it may take a week or more to clear (or in your case, stopped). You must have realized very shortly after issuing the check something was wrong. Or did the guy just hold on to the check for a while before cashing it?

Thank you for sharing. We all learn from others misfortunes. I hope things don’t continue to get worse for you. I know many will comment on what you did wrong, but I appreciate you sharing your story. Thank you.

File a claim in small claims court. The police won't be able to do anything for you.

Generally it's four years in Florida from what I have read collect bills with the exception of the i r s Etc. The only exception to this is if you make a partial payment during that time reinstating the time

Ridiculously, the check store can legally go after you for the $800. It make no logical sense.

Why is that ridiculous?

They cashed a valid check. They have no idea if the guy provided the agreed upon services...

Actually, it's quite logical. They have no dog in that hunt...