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Returned Check = Returned Materials.

Discussion in 'Business Operations' started by RedWingsDet, Oct 20, 2007.

  1. RedWingsDet

    RedWingsDet LawnSite Gold Member
    from Detroit
    Messages: 3,556

    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.
  2. lawnman_scott

    lawnman_scott LawnSite Fanatic
    Messages: 7,547

    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.
  3. Runner

    Runner LawnSite Fanatic
    Messages: 13,497

    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!
  4. SwihartServices

    SwihartServices LawnSite Member
    Messages: 154

    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.
  5. John Gamba

    John Gamba LawnSite Fanatic
    from ct
    Messages: 10,812

    Get Cash only:waving:
  6. SwihartServices

    SwihartServices LawnSite Member
    Messages: 154

    Haha, I wish.
  7. John Gamba

    John Gamba LawnSite Fanatic
    from ct
    Messages: 10,812

    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.
  8. DBL

    DBL LawnSite Silver Member
    Messages: 2,219

    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
  9. Mrs. H

    Mrs. H LawnSite Senior Member
    Messages: 708

    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.
  10. John Gamba

    John Gamba LawnSite Fanatic
    from ct
    Messages: 10,812

    What was the cost of going to the bank everyday?

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