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Forti2de

Charging a service provider for stopping their check?

3 posts in this topic

I'm a plumber who performed work for a lady who agreed to pay my fee after work was done. She gave me a check for the amount due, and several hours later called to dispute the amount. I agreed to allow her to send me a slightly reduced check (which is the price she came up with). Now, I've received a certified letter with a check for only half the amount. She is insisting I pay for the certified letter and the fee she had to pay to stop the first check. Can she do that? How can she enforce that? We did not have a written contract.

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27 minutes ago, Forti2de said:

Can she do that?

 

She already did do it.

 

27 minutes ago, Forti2de said:

How can she enforce that?

 

She doesn't have to. She fired the first shot by paying you only half your bill. Now the ball is in your court.

 

27 minutes ago, Forti2de said:

We did not have a written contract.

 

That's on you.

 

But you can still sue her in small claims court for the full amount but you'll have to send back the partial payment.

 

 

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On 4/20/2017 at 9:44 AM, Forti2de said:

She is insisting I pay for the certified letter and the fee she had to pay to stop the first check. Can she do that?

 

She did do it, so she obviously can do it, and anyone can "insist" on anything.  If your intent was to ask whether you have any legal obligation to pay the amounts in question, the answer is no.

 

 

On 4/20/2017 at 9:44 AM, Forti2de said:

We did not have a written contract.

 

So what?  It's foolish for anyone in your position to do business without having something in writing that is signed by the customer before work begins, but you apparently do that anyway.

 

 

On 4/20/2017 at 10:13 AM, adjusterjack said:

you can still sue her in small claims court for the full amount but you'll have to send back the partial payment.

 

I disagree that you necessarily have to send back the partial payment.  Does the check have any sort of restrictive endorsement (e.g., "paid in full")?

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