What is my recourseif acustomer puts a “Stop Payment”on acheck?
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What is my recourseif acustomer puts a “Stop Payment”on acheck?
On 8/23/10 I did service for a customer installing his SS system and I sold and programed a remote. I showed him how the remote worked with all his equipment. The customer was pleased with the job and signed the invoice and paid with a check. That evening he called and said he wasn’t happy with the job and the remote wasn’t working. I tried to schedule with him to go back on 8/26/10 between 3-5 pm to see what the problem was. He informed me that he stopped payment on the check. The bank confirmed stop payment and the customer isn’t returning my calls. Is this intend to defraud? What can I do?
Asked on August 24, 2010 under Bankruptcy Law, Florida
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
If you believe that he had you install the system never intending on paying for it in the first place, and then wrote you a check that he stopped payment on, maybe it is. "intent" can be a difficult thing to prove. But you can and should report him to the appropriate agencies. Intent to Defraud can be a felony or a misdemeanor, depending on how it is charged. And you need to sue him in small claims court for the work that you did. Send him a letter (by certified mail) stating that you have tried to call to schedule a time to return and work out whatever problem that he says that there is with the system and that he is refusing to allow you to correct any problem. Give him one last chance and then take him to court. Good luck.
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