What can we do if a client stopped payment on a check?

We recently did a pool staining job for a client. Every step was explained in detail to the homeowner and a sample of the coloring was provided. Husband was out of town when job was done. Wife loved the job and paid us with a check for the remainder of the balance. Husband came home and hated it. We told him the color would need to cure 28 days but he stopped payment on check, which we had cashed at our bank. There is no written contract, just oral. What can we do to get the remainder of our funds and is stopping payment on the check legal since the wife (who is 50% homeowner) approved everything?

Asked on September 18, 2012 under Business Law, Mississippi


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I would call and write the client to see if there was some misunderstanding as to the reasons why your check payment was stopped and make an effort to try and resolve the matter informally.

Keep a copy of the letter for future use and need. If the situation does not get resolved to your satisfaction, then your legal options are to consult with an attorney that practices contract law to discuss your legal recourse and/or to file a small claims action against the client. 

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