any suggestions?

Discussion in 'General Industry Discussions' started by Joey bag a' donuts, May 7, 2006.

  1. Joey bag a' donuts

    Joey bag a' donuts LawnSite Member
    Posts: 146

    I collected a check after finishing up a job yesterday and deposited it on my way the customer calls and asks me if I can call my bank and stop the payment as he dosnt have the available funds until thursday...I'm a little reluctant to stop the check because I'm not sure if that will void the deposited check making me have to go collect another one from him. He's also out of town all the time and is only around a couple days at a time. Has anyone been through this type of situation, if so what do you think is the best way to handle it. Thanks.
  2. mak2

    mak2 LawnSite Senior Member
    Posts: 380

    I dont think you can stop payment on his check at this time. If he does and does not pay you later, you have a bullet proof case in small claims court. Something else, drop this guy, unless he is an established customer with a good record. I dont know how you feel about it but I am a lawn guy, not a bad debt collector.
  3. Joey bag a' donuts

    Joey bag a' donuts LawnSite Member
    Posts: 146

    Thanks for the response. Theres one more thing I should add...this is not a lawn or maintenance customer, he's just a guy that called who let his flower beds go to crap and we came in for a couple days and fixed the place up. This is why I'm a little nervous about even trying to stop the was a few thousand dollars worth of work and I dont want him pulling anything funny. I plan on calling him towmarrow and telling him that my bank said that theres nothing they can do...I'll pay the bounced check fee if and when it bounces and wait it out.
  4. topsites

    topsites LawnSite Fanatic
    Posts: 21,653

    First off, is the check drawn on a bank local to you? In the case of a few thousand dollars, no offense but I would consider any bank within 200 or so miles to be local because...

    Once you get the check back, RUN to his bank and see about cashing it.
    If the funds are available, they will do it but if the bank isn't really close you might can try calling that bank first and ask a clerk if the funds are there. I do not know if they can release this info over the phone but it's worth a shot.

    There is also some kind of a procedure but I forget who's bank has to initiate it (yours or his) but you have to ask for this and the way it basically works is since you have a business account, I forget what it is called but one or the other bank basically holds that check until the minute enough funds are available, then clears it for you. I don't know if this service costs money but it is available for businesses at least with my bank and some others, and I've seen it where it was done and it's right slick a plan.

    -- If the funds are not available (never that is) or the account has been closed, you may need legal assistance with this guy if he plans on being out of state a lot.
  5. TurfProSTL

    TurfProSTL LawnSite Senior Member
    Posts: 693

    You can't stop his check, but he probably can.

    If the check gets returned for insufficient funds, or if he does stop payment, make him pay your bank's fees for handling that. Make him pay cash or by money order.

    By depositing the check immediately, you have created a record of his intention to pay you.

    If he should even think about pulling something "funny" you got him by the gnads. $ several thousand is a felony in most areas.....
  6. sheshovel

    sheshovel LawnSite Fanatic
    Posts: 5,112

    Right I would question why he diden't stop payment on the check himself and then contact you and tell you he had to do so and arrange to get you another check.This would worrie me.If the check bounces I would insist upon full payment in cash.

    TURFLORD LawnSite Senior Member
    Posts: 834

    Photocopy all checks before deposit. Even though he gave you a check, you will have no record of it. A signature on a check constitutes an agreement to terms and is legally binding. If you have to chase down a judgement, the copy will assist the court and get you your $ faster.
  8. Joey bag a' donuts

    Joey bag a' donuts LawnSite Member
    Posts: 146

    thanks for the help. I ended up calling my bank and they said they wouldnt be able to do anything about it soooo....we'll see how this one pans out.
  9. topsites

    topsites LawnSite Fanatic
    Posts: 21,653

    I don't know if this is true of all business checking accounts, but with my account when a check bounces, I get that check back in the mail, it is enclosed in the envelope along with the statutory 'bounced-check' letter. At that point, you do need to make sure you do not lose that check, it is your only recourse so your recommendation of a photocopy wouldn't hurt, that's for sure.

    Yeah, you have to wait... sorry, but it is a felony in most states to bounce a check for that large an amount. Felonies translate to years in prison, and I have learned the hard way the one thing that is truly guaranteed to always get me paid is the threat of jail or prison, boy do they pay fast when that comes around.
    If it comes to that (meaning you try and try but the check won't clear or cash), you'll likely need to run down to the courthouse and speak first to a clerk, and then likely either a magistrate or the District Attorney or the DA Assistant, someone along those lines.
  10. Joey bag a' donuts

    Joey bag a' donuts LawnSite Member
    Posts: 146


    Check cleared this morning...thanks everybody.

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