I live in NJ and insurance in this state is out the roof. You can only have three claims on your policy. I have none so fare then this came. It not my claim it should be the contractors. I don't want my rates to be increased or canceled because of this dead beet contractor. Roughly said sorry.
They don't have the right to ask why you want it stopped. It is YOUR check, YOUR account and YOU decide whether you want it to be honored, or not.
No Zsa Zsa I can stop a check on you anytime if I have reason of Fruad, If you didnt do as you contracted or screwed me.
Spend time in court you will loose
I have stated to the contractor when he was at my door step that it have no problem paying him after I receive the certificate of insurance. I also sent this request to him in a certified letter. He has certified me a letter stating this is a "bad check." I have read the NJ subsection on a bad check (the contractor mailed a copy of it to me).
Written as follows: "2C:21-5. Bad Check. A person who issues or passes a check or similar sight order for the payment of money, knowing that it will not be honored by the deawee, commits an offense as. ....for theft committed by means of a bad check, an issuer is presumed to know that the check or money order would not be paid, if: a) no account b) lack of funds c)an offense under this section: 3) a crime of the fourth degree if the check or money order is $200.00 or more but less then $1,000."
In reading this I think it is because the amount was $600.00. I had no intention to cancel the check even after the damage happened. It was only after he missed the appointment and didn't return my calls I placed a stop payment. I still will make good on the fee once the insurance information has been received.
Why is this your problem???? You turned it over to your insurance company, let them deal with it! Pay the contractor, and let it go. Crap like this is why you pay your insurance premiums. When it is all over you may be out the deductible on your insurance. Then sue the contractor for the deduct and expenses! Greg
Relax , wake up, you just showed A con his con . Monday make your calls
Id eat him alive with what I know, for breakfast.
Good point. But the contractor is filling a summon against me for a "Bad Check" and not paying the contractor for services rendered. My insurance company can not help me here.
lol..thank you for the humor...much needed and appreciated.
You missed the part about paying him. I see it as two different issues,
Greg
The contractor made it more complicated.
He is threatened me at my door. Involved the police by threatening to issue a criminal summons in 10 days after a certified letter stating I issued a "Bad Check." And finally, not issuing to me his companies certificate of insurance.
I have files formal complaints with the BBB and NJ Consumer Affairs. I will be going to my townships DA to find out if I'm wrong for "stop payment" due to non-communication, threats, and not issuing the insurance information. I will obtain the police report. I have already made an appointment with the Building Department in reference to the permits not being obtained by the contractor. And I will contact state licensing board to see if he is licensed. But it appears for home improvement in the state of NJ they contractors don't have to file for it till Dec. 05. I have left messages with the Health and Safety Div. of my county to see if any health violation happened for releasing any hazardous toxic airborne particles into my home.
Trying to correct the situation and protect myself from this contractor. I have received much of this advice from the Usernets I posted my questions on.
I wish it was that simple now.
They could sue. They would not win. Truth is an absolute defense to libel.
But, from what I interpret, you did not issue a bad check. It was good when issued, but stopped for cause. I'm not a lawyer, but I'd argue that one in court. You had an account, you had proper funds.
Indeed that is your problem. I would talk to an attorney before doing anything else. I doubt the job was performed properly since he was clearly incompetent so I would talk to an attorney before doing anything else. You also might check with the court system to see if they have a place to put money in issue in a stop payment case like this to show good faith.
Did you sign a contract, did it state "work is to be completed in a Professional matter " Well it wasn`t , Quit your worring , Im a Pro and have hired and Stop Payed on your type of hacks. Blow fire at fire , He`s a con
I agree with zsazsa... I have found in the past that the police do not always know the law... They SHOULD.. but don't.. Chuck
Some people are slamming you for discussing this on here instead of going to lawyer first. (You do need to see the lawyer SOON)
In dealing with lawyers (for estate matters) ... I have found that doing as much leg work for them will save you tons.
Any suggestions you get from here or ideas you came up with on your own concerning getting documentation that he doesn't have insurance, not licensed, BBB complaint record, don't forget to take your bank statement showing that you had funds to cover the check when you uttered it.. and handing this stuff to lawyer in orderly fashion will save you some money. A lawyer having a para-legal (spell check) make a simple call to govt office to request a form or document, can cost $50 - $100 per shot..
Asking for advice here,, is a GREAT way to have your "ducks in a row" prior to seeing the lawyer... but it is not a replacement for it. Chuck
You missed the part about paying him. I see it as two different issues,
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Pay him-I agree. I had a similar problem with vinyl siding on a new house. I turned it over to my home owners insurance had a check in less than a week. They even paid to have the old siding hauled off. PAY HIM stop the grief...They aren't going to raise your premiums for 1 claim thats why you have a H.O. policy. Your causing yourself needless grief. JMO
Thank you m Ransley. I am blowing fire at him by filing a complaint to BBB and Consumer Affairs, among other things. The contract does state that, and it's exactly why I haven't paid him yet. I plan to pay when this matter is resolved. He did do the work but trashed my home.
That's my game plan. It was stop payment not a bad check. I can reinstate at anytime. I believe I have due cause. Thank you for confirming my train of thought. Artist
Thanks Chuck. I thought it might be and it has. Lots of good ideas and I do feel confident that I'm going about it correctly. I will be going to the township DA's office to make an appointment to discuss the case. I understand this is free for a first time request. I will find out soon enough. The building dept. is on board to check out the none filling for them...letter are being sent to the BBB and consumer affairs...I'm getting a copy of the police report and all the HO insurance bill for the clean up...boy...it a lot but hey....this forum has been truly excellent. Artist
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