Returned Check = Returned Materials.

[RedWingsDet]

This isnt my situation. I was just talking to a friend and wondering what could happen if a situation happened like this.


Say you haul dirt away for someone, they pay you with a check, the check comes back, you cant get ahold of the guy, can you take that dirt and dump it back in his driveway? Or is that illegal?

Thank You.

[lawnman_scott]

I beleive its not legal, but cant be prosecuted unless veiwed by a cop. But it kind of makes your work free. I would just keep the check,and get my money eventually.

[Runner]

Yes, this is correct. This has been done before with such things as spring and fall cleanup, and they were held lawfully liable. I HAVE heard of people just dumping stuff while still on site for non payment, and even similar activity for snowplowing. However, once the stuff is removed, it becomes a civil issue.
As a matter of fact, we just had a lawn service do that this summer. Early in the season, this service dumped a pile of what the customers called manure, but the service called old clippings on this customers driveway. the customer called the police, who sent an inspector AND the mayor himself went out there to see it. They gave the service a few days to remove it - which they didn't, and fined the service and issued a warrant for the owner of the service, The owner turned himself in the beginning of the next week. I am quite sure that it cost this guy more in the end than it would have to just clean the mess up. as a matter of fact, the fines were well more than the bill was to begin with. Then put on your court costs and such. Not to mention some real good publicity for this company. this service is not known to be the swiftest around anyway, from our experience. They were REAL lucky that an environmental service wasn't called to do this cleanup, because they could have just as easily done that. this would have added about another 5 grand to the bill!

[SwihartServices]

I've had that exact issue. It would be really nice if there was a way to handle it. The job I had was only 150 dollars so I wasn't real motivated to pursue it.

It'd be nice to hear from someone who knows what to do in that situation.

[John Gamba]

I've had that exact issue. It would be really nice if there was a way to handle it. The job I had was only 150 dollars so I wasn't real motivated to pursue it.

It'd be nice to hear from someone who knows what to do in that situation.


Get Cash only:waving:

[SwihartServices]

Haha, I wish.

[John Gamba]

Haha, I wish.


New customers or the one shot deal, Get cash only with a receipt. if there not willing to do that leave. to make nothing is one thing. to pay people and do the work is nuts.


You can take a check and wait till it clears. Thats what lawyers do.

[DBL]

if you go back a dump you did the original work now you just did more work and you will now get ZERO DOLLARS...take your chances with the bank and legal system

[Mrs. H]

We had a bounced check once where David just kept going back to the bank. We tried to get ahold of the guy but he wouldn't answer our calls. Every day David took the check to his bank until the funds were there and he cashed the check.

It's been some time ago now. I don't know if we ever got a bounced check fee out of him or not.

[John Gamba]

We had a bounced check once where David just kept going back to the bank. We tried to get ahold of the guy but he wouldn't answer our calls. Every day David took the check to his bank until the funds were there and he cashed the check.

It's been some time ago now. I don't know if we ever got a bounced check fee out of him or not.



What was the cost of going to the bank everyday?

[topsites]

The reason why the check was returned makes a difference thou I assume it was NSF?
That piece of paper is a legal document, if such is the case, writing an NSF check is against the law.
But two wrongs don't make it right, an NSF check is legal recourse enough, this is your most important document.

Technically speaking, I think it would be fine to undo the work, but it has to be returned to its former state.
I doubt you can return any dirt anywhere, but I do believe you can return the same dirt to the same spot it was removed from, it can't be dumped in the driveway if that's not where it was found, nor can it be dumped in a different portion of the driveway, and yes, it has to be the same dirt... Usually, IF you still have the dirt, it's incentive enough to let the customer know you're willing to return that, I am sure most of them would pay because the assumption here is by the time the check returns the dirt is long gone, because it has to be the same dirt returned to the exact location where it was taken from.

Even then they can argue, talk about they were just getting ready to run to the store to get a money order or some bs...
But an NSF check? Legally speaking, that's better than pictures.

[Mrs. H]

What was the cost of going to the bank everyday?

Not much...then. David was driving by anyway and gas was only about $1.50 per gallon.;)

[J&T Kiev]

I'd advise to re-think the notion of re-dumping the dirt--and as other posters have advised..pursue the matter through the "legal" and banking system.
One time, and all new maintenance customers, the only choice of payment option I offer is credit card.

[squirrel19]

I have had a person write a bad check before, I tried to get in touch with them and could not. So I went to the Sheriffs Dept 2 weeks later and signed a warrant on them. The Sheriffs Dept found him and the court made him pay off the check, court cost, etc... There is a difference in a bad check and a stop payment, but you can get your money. Put a lean on the property is another way. They can not sell it or take a loan out on it until the lean is settled on it. In 11 years I have only had to do that once, but it was worth it.