[JViello]

Can anyone clarify CT State law regarding stop payments on check for work performed by a contractor?

I did a job, the customer was happy, done.

A week later she put a stop payment on the check. To me, that's fraud and the same as knowingly passing a bad check, but I don't know the law. The police were not surprisingly vague and clueless to the actual law.

In the history of my company, I've never had someone do this. Bounced checks, yes, stop payment? No.

It was not a small amount of money and I am NOT amused.

Last restore I will take it to small claims, but I'd rather be able to threaten this person with an arrest to motivate payment.

BTW it was a 29 year retired state worker who through the whole thing had one of the worst entitlement attitudes I have ever seen. (What you didn't think I would throw that in there. lol )

[NY Annie]

I searched and I'm generally pretty good for a layperson but I didn't find anything to cover this specifically. I found lots of info on NSF/closed acct checks. So, what I would do is: go to my bank and ask them. Who has this info if not a bank?

If they will not/cannot give you the info, then the state dept of business should be able to help. And finally, you still have the issue of a civil suit. Depending on the dollar amount, you should be able to use small claimsSmall Claims Frequently Asked Questions

You can file a mechanic's lien on the property, assuming the work you did was on the home for non-payment.

[JViello]

Thanks Annie. I found this so far:

Found this statue:

"Sec. 53a-128. Issuing a bad check. Penalties. (a) A person is guilty of issuing a bad check when: (1) As a drawer or representative drawer, he issues a check knowing that he or his principal, as the case may be, does not then have sufficient funds with the drawee to cover it, and (A) he intends or believes at the time of issuance that payment will be refused by the drawee upon presentation, and (B) payment is refused by the drawee upon presentation; or (2) he passes a check knowing that the drawer thereof does not then have sufficient funds with the drawee to cover it, and (A) he intends or believes at the time the check is passed that payment will be refused by the drawee upon presentation, and (B) payment is refused by the drawee upon presentation."


Sec. 42a-4-403. Customer's right to stop payment. Burden of proof of loss. (a) A customer or any person authorized to draw on the account if there is more than one person may stop payment of any item drawn on the customer's account or close the account by an order to the bank describing the item or account with reasonable certainty received at a time and in a manner that affords the bank a reasonable opportunity to act on it before any action by the bank with respect to the item described in section 42a-4-303. If the signature of more than one person is required to draw on an account, any of these persons may stop payment or close the account.

(b) A stop-payment order is effective for six months, but it lapses after fourteen calendar days if the original order was oral and was not confirmed in writing within that period. A stop-payment order may be renewed for additional six-month periods by a writing given to the bank within a period during which the stop-payment order is effective.

(c) The burden of establishing the fact and amount of loss resulting from the payment of an item contrary to a stop-payment order or order to close an account is on the customer. The loss from payment of an item contrary to a stop-payment order may include damages for dishonor of subsequent items under section 42a-4-402.

[blakesq]

First, are you sure that the check had a stop payment done on it by the request of the customer? sometimes banks screw up. Also, you say the customer was happy. Then a week later, the stop payment happened. Is the customer still happy? What would the customer say about why she stopped payment?

Originally Posted by JViello

Can anyone clarify CT State law regarding stop payments on check for work performed by a contractor?

I did a job, the customer was happy, done.

A week later she put a stop payment on the check. To me, that's fraud and the same as knowingly passing a bad check, but I don't know the law. The police were not surprisingly vague and clueless to the actual law.

In the history of my company, I've never had someone do this. Bounced checks, yes, stop payment? No.

It was not a small amount of money and I am NOT amused.

Last restore I will take it to small claims, but I'd rather be able to threaten this person with an arrest to motivate payment.

BTW it was a 29 year retired state worker who through the whole thing had one of the worst entitlement attitudes I have ever seen. (What you didn't think I would throw that in there. lol )

[JViello]

Originally Posted by blakesq

First, are you sure that the check had a stop payment done on it by the request of the customer? sometimes banks screw up. Also, you say the customer was happy. Then a week later, the stop payment happened. Is the customer still happy? What would the customer say about why she stopped payment?

Yea my bank rep actually called me to let me know what happened. (Rockville Bank...gotta love the personal attention.)

The customer will not return my phone calls, so I have no idea what's going on on their end. There was no communication, this just showed up...heck I even sent out the thank you letter and a $25 gift card for future service work.

My understanding is if they do not provide the request to the bank in writing within 14 days, the stop payment is void. I will resubmit the check if that indeed happens.

[willow wind]

That is bizarre. Seems to me the client did not have the money to pay. Rather than write a check that would bounce, they wrote a check, then stopped it. Serves their purpose. They think they're off the hook ( aren't paying) and yet are not passing a bad check.

Rather than call, how about an early evening/Saturday visit to their home ?? Explain to them about mechanic's liens and judgment liens if you have to take them to small claims court. Sometimes just knowing that you aren't going away may help to open their wallet.

Also, as already suggested check into filing a mechanics lien. However. I do believe that you may to give them notice if you are going to do this under your circumstances.

Good luck

[AnonChick]

Try calling from someone else's phone. It sounds like they have caller ID and know it's you, and are intentionally not answering the phone. Also, if you have a contract for work, and they signed off on it, then check or no check, you are owed money. Next, if it were me I would definitely -not- try to deposit the check. Once the 14 days has passed, I'd go to the bank the check's account is drawn from, and cash it there or exchange it for a cashier's check (with whatever appropriate fee is for cashier's checks).

[Stratford, Ct. Resident]

Originally Posted by JViello

Can anyone clarify CT State law regarding stop payments on check for work performed by a contractor?

It's a civil matter, according to this website: CHECK FRAUD - FREQUENTLY ASKED QUESTIONS AND ANSWERS

"Stopped payment on a check - a check which was dishonored because payment was stopped, and not because of insufficient funds, may not be prosecuted criminally."

[Tetto]

Originally Posted by JViello

BTW it was a 29 year retired state worker who through the whole thing had one of the worst entitlement attitudes I have ever seen. (What you didn't think I would throw that in there. lol )

Use the torque from your Ford Powerstroke and rip their house off the foundation!

Then bring them to small claims court and get your money. My buddy is a contractor and has been screwed like this before; usually he has an atty fire a letter across their bow and usually gets paid that way. If not, he goes to small claims.