As I said I have used Stop Pay 3 times recently on crooked hacks.
As long as you had the intention of paying for a good job [ and you
did pay ] and HAD the funds in your account and, Can , and will have
to prove it , it is not a bad check. If it was a deception-bad check ,
here he could sue for 3 times the amount + court costs. But that
obviously isn`t the case for you. It is his failure to provide cleanup
or his insurance co. name that is your issue.
Did he advertise or state verbaly or in writing he has insurance ?
or a lisence ? or bond?
Next time, you get the insurers name and a cert of insurance before
any work starts on anything. Hacks lie.
If you are worried call the police today and explain everything,
you will feel better.
Also it is advisable to go to your courthouse and check suits on
file for whatever you do next, I learned the hard way.. The last guy I
hired looses 3-4 cases a year, and spends a few months in jail a year
from not re-paying people he has ripped off. Cal the police, talk to
an officer, you will sleep better with them knowing the facts.
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.
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.
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.
The contractor has given me the certificate of insurance today along with
the original check. I have issued a new check. Now I cam submit the claim
through my insurance company.
A big thanks to every one for their advice and guidance, very much
His insurance was issued in this February and is good till March if this
year....it's for the least amount of Liability....I'm just glad it is valid
and can cover my property damage. Hard lesson to learn.
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