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Can a customer stop payment on a check for work that they authorized.
Anonymous1 views2 answers
We recently went out on a service call for plumbing work. Customer was told that it was $59 dispatch fee for coming out, we would look at the plumbing issue and give an upfront price for the repair. At that time, if the work is done, we waive the dispatch fee. Technician went out to the home, diagnosed the problem and gave the customer a upfront price. Customer agreed and signed authorizing performance of the work and accepting full financial responsibility. When the technician was completed the customer wrote us a check and signed our invoice stating that he examined and accepted the satisfactory completion of the work. Ten days later, we get his check returned with a fee from the bank, stop payment on check. He accepted and had the work done, then wrote a check and now stopped it.
You may want to write to this customer demanding payment within a reasonable time, letting him/her know that if you don't receive payment you intend to take him or her to small claims court, and if you are forced to do that, you will add the costs of collection (filing and attorney fee) to the amount owed. Your letter should mention that if you get a judgment in small claims court it will become a lien on the property. That may be enough to get this individual to honor the contract (your signed invoice).
Sometimes a letter is all it takes; sometimes the small claims court is necessary. As mentioned in the last paragraph, if you get a judgment in small claims court, you may take it to the prothonotary of your county and record it as a lien on the customer's property.
There are unfortunately dishonest people in the world who will take advantage of others by doing exactly what this person did, hoping that the victim of the stopped payment won't take it any further. It's up to you to evaluate the situation and determine what you think is appropriate to pursue the collection.
Of course, as with all of my online answers, my advice is limited by the brevity of your question and the facts provided. Additional information would be required to provide definitive legal advice, so this answer isn't intended to, and does not, create an attorney-client relationship.
Good luck!
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The short answer is "yes", they can. However, this does not mean that they don't owe you for the work (and perhaps for the bank fee you had to pay). Stop-payment is an inherent risk in accepting checks in payment for services. You can reduce this risk by insisting on a credit card payment (although the customer can also try to stop payment or question payment there too) or by official bank check (this is usually impractical).
The best bet for you would be to demand payment in the form of an official bank check, and then take the customer to small claims court if he refuses.
