help please -stopped payment-long!!

Discussion in 'Credit Talk' started by zcraws33, Sep 23, 2001.

  1. zcraws33

    zcraws33 Well-Known Member

    In 7/01, we had a "guy" that our neighbors referred us to that trims trees in the neighborhood. He was supposed to trim 2 palm trees for $80.00.
    He trimmed one of the palm trees and started on the next, halfway thru the second one, he asked us if we wanted to have the trees "skinned" for an add'l $200.00, we told him no. we just wanted them trimmed.
    Next thing we know, we go out to our backyard, he had partly "skinned" one of the trees. I guess he was upset that we did not want to pay the add'l $200.00 so, he apparently left right away and left all of the tree trimmings where they fell from the trees, which included piles of trimming all over the backyard, there was even trimmings in the pool. We had to get someone with a truck to come over and remove all of the trimmings and also had to get in the pool to remove the large tree parts.
    We were so upset. We tried to call this man at least 5 times to find out why he did not finish the job and left all of the "trash" in our backyard. He never returned our calls. We did not want to pay for a service we never received. We were upset that we had to clean up his mess. So we stopped payment on the $80.00 check. We felt this man tried to railroad us into paying another $200.00 and when we didnt, he quit doing the job.
    Now today in the mail, apparently he went to one of those check cashing places and "cashed" the check. The check cashing place apparently paid the check to this "guy" as they sent us a letter stating that we have 7 days to pay the "stopped" check or they will sue us. The money was never deducted from our checking account as it WAS stopped. We did not take pictures or anything.
    Can anyone offer advice on what we can do??
     
  2. bbauer

    bbauer Banned

    Sure! Let them sue you. He signed for the money when he cashed the check. He is the one that has to pick it up, not you. That's the law.

    It was a two-party check and so the person getting the cash out of the check is legally responsible to the casher of the two pary check for the proceeds of the check, not the issuer of the check.

    If you had written the check directly to the casher of the check, you would have received the cash benefit of the check.

    That's the key. Who got the cash is he who is responsible for the cash to the casher of the check.

    They have to sue him, not you.
    And then he has to sue you.

    That's the way it is.

    He who cashes the check is the responsible party and if you cash the check then you are responsible. That's why stores don't usually take two party checks. They can't get at the party who actually wrote the check. They have to go find the person who cashed it. That isn't always easy by any stretch of the imagination.

    So stores almost never cash two party check and that's why
     
  3. zcraws33

    zcraws33 Well-Known Member

    bill,
    can you point me to where I can get information on this..
     
  4. sam

    sam Well-Known Member

    I can't believe the check cashing place did not verify the stop payment on the check with the bank. My experience with those places years ago (bad credit days), i've seen them call the banks and verify the funds and check for stolen/stop payments, and call your mother's brothers' sister to verify who you are ;)
     
  5. bbauer

    bbauer Banned

    No, not off the top of my head I can't.
    There are several ways to find out the truth of the matter and the simple one is to call your bank.
    And much better than that is to call your attorney.

    I'm just working off of what several merchants have had to tell me.
     
  6. Jeff

    Jeff Guest

    Bill is absolutely correct. This check cashing place is trying to intimidate you. I would bet if you stand up to them you will never see a lawsuit.

    To help clarify the position this check cashing place is in suppose this tree guy signed this check over to a friend for the cash instead of going to the bank to cash it. When the friend later finds out the bank will not cash it he needs to go back to the tree guy for his money, not sue you. You are not responsible to this "friend" at all. The check cashing place is not in any better position to sue you than this friend of the tree guy would be.
     
  7. sam

    sam Well-Known Member

    btw, they will file an arrest warrant to the guy that presented the check in no time, if he doesn't settle his debt with the company. Like in a month, bam, police will come arrest the poor schmo that presented the bad check.
     
  8. zcraws33

    zcraws33 Well-Known Member

    should I contact this check cashing company and tell them what happened? I don't want them putting anything on my credit report.
     
  9. GEORGE

    GEORGE Well-Known Member

    Contact the check cashing place and give them the WHOLE story...
    They have a "BEEF" with the tree man NOT you!!!

    I also would get the address of the check cashing place, and send written (CERTIFIED R/R) "FOR MY BENEFIT ANY YOURS...THIS IS WHAT HAPPENED WITH THE TREE DEAL"...
    1)
    2)
    3)
    4)
    5)
    6)
    7)

    "I paid him before I knew I would have to clean up his mess and that he caused more damage than benefit...

    The tree man will probably have to pay $200 for that check...
     
  10. bbauer

    bbauer Banned

    Check casher couldn't care less

    While I don't decry the idea of telling the check cashing company the sad story of the tree man, count on the fact that they couldn't care less what happened. All they want is their money and a bunch of extra for charges, whatever that might be.

    In the end, you may very well end up having to pay the tree guy although if you make him take it to court to collect his money, count on the fact that it simply isn't going to happen.

    Although it's probably too late now, maybe you should think about checking with your city parks and recreation department as well as the state of Florida, horticultural licensing division and make complaint with them.

    I don't know what the city or state laws are in florida, but since I was a licensed tree trimmer in Colorado for many years, the city of Denver and the Colorado dept. of forestry (state department of horticulture if I remember correctly) were never real easy to get along with if you were not properly bonded and licensed. Most eastern cities are even tougher on tree trimmers because of the Dutch Elm disease problem. A licensed tree trimmer has to pass a real tough test. The test for the city of Denver is about 2 days long and you have to have University courses in horticulture before you are going to get one and then you are going to have to put up a bond and have insurance against property damage. It's the same in Colorado Springs and most other cities of any real size throughout the United States.

    I can tell you right now that the guy you are talking about is a fly by nighter and has no licenses of any kind. If he did, he would not have dared to treat you in the manner you speak of.

    Now then, I know nothing about Florida laws on horticulture and tree trimming, but I'll bet you I'm not that far wrong unless your city and state have no regulation at all, and that's very unlikely.

    I owned Ace Tree Service in Colorado during the 1960's and I and my crews put through 225 miles of pipeline right-of-way during that time. Right over the mountains and into Boulder coming in from the west. All I did was the clearing of the trees off the right of way and then the reforestation after the pipeline was in.
     
  11. GEORGE

    GEORGE Well-Known Member

    Re: Check casher couldn't care less

    "FOR MY BENEFIT ANY YOURS...THIS IS WHAT HAPPENED WITH THE TREE DEAL"...

    ANY=AND
     
  12. zcraws33

    zcraws33 Well-Known Member

    Re: Check casher couldn't care less

    thanks for the suggestions. I think they may try to play hardball because along with their letter they sent a copy of an article on how a couple lost in court when fighting a company about a check that had a stop payment on it. In their letter they also say: please see enclosed copy of the check. THERE WAS NO CHECK WITH THEIR LETTER. I am afraid they may try to stick this on my credit report. As we all know, it will be more trouble than it's worth, to get it off, if it was to ever reach my credit report. I think that I will just send out a letter like GEORGE instructed on Monday. its called CYA.

    Thanks again...
     
  13. GEORGE

    GEORGE Well-Known Member

    Re: Check casher couldn't care less

    REMEMBER...PROBABLY A...FLY-BY-NIGHT TREE TRIMMER...

    An established business does NOT use a check cashing business...they give the checks and cash to the secretary and she deposits them...

    Does the check cashing business REALLY think you are the customer?
    You did NOT cash the check!!!
     
  14. GEORGE

    GEORGE Well-Known Member

    Re: Check casher couldn't care less

    One more question...
    Was the check made out to JOHN SCAMMER...or FLY BY NIGHT TREE TRIMMING SERVICE?
     
  15. bbauer

    bbauer Banned

    Re: Check casher couldn't care less

    Outstandingly good points, George.

    Might take them a bit to figure out just exactly how good they are.
    Maybe not, but outstandingly good and valid points.

    Something to stop and think about.
     
  16. zcraws33

    zcraws33 Well-Known Member

    Re: Check casher couldn't care less

    We made the check out to the individual...Jacque macguire....


    We have DEFINITELY learned from this experience. From now on..we will use only licensed and bonded contractors to ANY work for us.. and no matter how small the job....a contract will be written...
     
  17. bbauer

    bbauer Banned

    Re: Check casher couldn't care less

    Your real problem is that it is most likely to get put on your credit reports or if not your credit reports then on your ability to cash checks at some participating merchants.

    It's probably not going to be worth the hassle to fight with them over who has to pay them for the check. You really don't have to pay them, but you are likely in for a hassle no matter what happens.

    I'd say it's probably better to go pick up the check and fight the mess later if it does indeed hit you. Your are taking a chance either way, so what the heck???
     
  18. Bill B

    Bill B Well-Known Member

    Re: Check casher couldn't care less

    I would pay the $80 and take a bat and wack him upside the head once or twice..He wouldnt come around anymore that is for sure!
     
  19. GEORGE

    GEORGE Well-Known Member

    Re: Check casher couldn't care less

    MY OPINION: WRONG (you always say don't pay them one crying dime...why pay in this case???)...YOU DID NOT CASH THE CHECK, YOU ARE NOT A CUSTOMER OF THE CHECK CASHING BUSINESS...IF THEY PUT YOU ON A CHECK SYSTEM LIKE
    SCAN / TELECHECK/CHECKRITE OR EXPERIAN/TRANSUNION/EQUIFAX YOU HAVE A LAWSUIT OPTION...AND YOU WILL WIN (THIS IS WRONGFUL TAINTING OF YOUR CREDIT)!!!
     
  20. GEORGE

    GEORGE Well-Known Member

    Re: Check casher couldn't care less

    09.23.2001 @ 07:53
    --------------------------------------------------------------------------------------
    This morning you said you are not the customer...NOW you say PAY THEM the $80.00????

    I'M CONFUSED...
     

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