Lots of CAs may be unlicensed in various states. If you think this one is required to be licensed in either AZ, or CA, check with the appropriate agencies, and file complaints if indicated. In particular, if they are located in AZ, are required to be licensed in AZ, but aren't, file a complaint in AZ. Whether they are legal collecting from you in CA may depend on CA law, or the whole issue might be different if the debt is not a consumer debt. Nonetheless, you went to the trouble of offering a settlement with payment, he accepted, and you should hold him to it. Send a copy of the check, since that establishes his acceptance. Make a copy of the check. Black out your financial information such as account number. If you are concerned that your signature might be easily lifted, you might "annotate" the check copy, say, with an arrow (that happens to go across the check and thru your signature, pointing to the MICR notation along the bottom added to indicate the amount paid on the check, adding some note such as "check for $xxx.xx paid to <OC> on <date>", as if you are emphasizing the OC was paid before this even was sent to collection. Make a copy of the result and sent that. CRRR of course. The OC already has had access to your financial information. You sent him a check, and he cashed it. He could also have copied it, and the CA could have already illegally debited based on that, if they were criminally inclined. This is not some random "phishing" letter, since you know the OC and the circumstances of the whole transaction. To try to do a "phone check" or ACH debit based on information provided in your dispute would be a criminal act. To do so for a "client" would be even stupider than doing so for themselves. Their claim that you verbally "authorized" some payment would look pretty lame when you could show that they had instead received a written dispute of their claimed debt, especially one that refuted the claim with a check accepted by the OC.
Thanks Ontract I did EXACTLY as you said Provide the cashed check to the CA and also blacked out ANY info like part of my signature, my full name from the check it is clear the Contractor cashed IT BEFORE THE COLLECTION AND THE Collection Agency in their second letter states that the contractor has stated that payment was PARTIAL. Of course they NEVER gave me a copy of the check or ANYTHING other than a poor photocopy of ONE of the 3 bills that was sent to me. That is another twist in this silly matter the idiot contractor sent me three bills within 3 days all with different amounts. That is one reason I sent him a CMRRR letter asking for clarification and explanation of the bill. But I also sent my check saying payment in Full and if you decide to cash this check and not send me verifying information then payment is considered in full. This is getting interesting to say the least but now I have filed with AG and Contractors Board in AZ ie a complaint. SKI
Did you send the CA the copy of the settlement offer you sent with the check? Did your check refer to the settlement offer? Did you notify the CA that the OC had engaged in work that required an AZ contracting license without having such a license, that he had not finished the job, that you had made a settlement offer based on the work actually performed, and that he had accepted that offer by cashing the included check? Have you notified the CA that you have filed a complaint against the OC for illegal contracting without an AZ contractors license?
On top of being unlicensed, and not completing the job, are there specific items on any of the bills claiming to have completed work which was not in fact completed? Can you show that submitting the bills is itself a fraudulent act?
By the way, the amounts you are dealing with, although frustrating, are small compared to what damage could have been done. In my area, there was a case that made the local TV news where a family paid a contractor over $100k toward remodeling their home. The contracter took the money up front, demolished a lot of the walls rendering the house virtually unlivable, then asked for more, when he had not delivered on the project to the level of the payments. It turned out he was not licensed, that the license number he claimed to have actually belonged to a legitimate unrelated contracter a hundred miles away, and that he had pulled similar scams on at least 8 other families. The news attention finally got the state licensing board on his case, but whether the family ever got any money back is doubtful.
I did submit my cashed check to the CA and a letter along the lines really very similar to yours Ontrac to the CA. I also dispute AGAIN, ask for documents that validate the debt AGAIN and also the CAs "legal authority" to collect in their state or any other AGAIN. SEND ME YOUR LICENSE IDIOT!!!! I just sent my third letter NOW stating since you CA will not send me ANY documents that validate let alone show your right to collect I am coming to your office and having alittle look at all documents relative to this debt and collection of this debt I also list a whole host of required CA filing documents for license, bonding to corporate papers ect ect Per Title 15 of the AZ codes I get to see any and all documents if I request AT THE CAs OFFICE I am bangin on their door next Monday. Yeah alittle fun and games!!! Also in AZ CA collection code Title 15 the last paragraph the CA MUST Investigate any debt when in question. What I think will happen is the CA will say hey I validated with my 3 line, cheeszzzzzy bill I sent you , poor photocopy to boot!!! I can barely read the darn thing......what a joke. No contract, no assignment nothin with my JOHN HANCOCK on it and of course there isn't After 4 CMRRR DV letters finally coming to the head of going to the CAs office is going to get some attention I think. The CA is going to say man oh man what is going on here this is for only $150 bucks!!! SKI
Ontract just about EVERYTHING itemized he did not do. My tenants are whitnesses to this and provided me with a written statement stating the work was not done. Also the CA is in trouble because they state that the OC confirmed to them the BILL was completed "IN GOOD FAITH" by the OC and now debt validated...... I think this thing is looking REAL GOOD!!!! So now I actually have a person at the CA who is also a whitness that OC is a bald face LIAR!! Or at least submitting a bill he knows is not accurate FRAUD. SKI
Can you reduce your case to a picture? OC says he did X, here is a picture of the area where he would have done X, taken on date Y, and it is clear X has not been done? Did you send a copy of your settlement offer letter to the CA? That is what pins down the terms that his acceptance of your check bind him to.
Yes I sent the settlement letter to the CA I also stated that per the BILL the CA has sent me this work was not done and the tenants confirm this. But I do not think the CA cares a Hoot It is all about money the CA getting their % of the collected bill whether it is ligitimate or not. By filing complaints with Contractors Office and AGs office this MAY back the CA off. But now I am thinking of filing lawsuit against the OC. Why because 1. I know I can prove his contracted for work no licensed for and that is a $2500 fine 2. Fraud 3. Actual damages addressing FRAUD Fraud is one of the few things that allows for pretty good damages 4. Harrassment by the Contractor > I have 4 worded faxes from this NUTCASE AFTER he put it into collection!!! 5. Other violation of AZ professional codes I think the above is good for about $2000 from this YO YO.....and I am going to find out SKI