I know I am probably screwed but need advice

[synthesis2]

Make the situation quick, wanted my deck redecked and found a guy on craigslist that does it. His companies name is "brown can do" and he had been around for a long time and had done work for a family member several years ago. Anyway everything seemed legit.

With that said he came out to the house, he was a little rough dress wise but seemed to have his stuff together and at least talked the talk to make you feel better about it.

Said he would order the composite boards but needed a deposit for the materials ($2500)

I gave him the money and let me know a few days later than those boards were on backorder so I gave some other ideas and he has since not got back to me.

Here is the question ( I know I was a dumb ass for even giving him a deposit I get it) but I intentially didn't sign the check as my safety net and if he would have asked me about it I was going to tell him that as soon as I see an order I will sign it.

Needless to say he signed my check and cashed it and I have not hear from him since and its been a month.

Here is the question should I

1) Go to small claims court? he may not have a penny to piss in and would loose in a landslide

2) Go to my bank and tell them I didn't sign the check and see what happens from there?

Just curious which was would be better to go.

[BigRedChief]

Originally Posted by R8ers

I know exactly where you are coming from... Brother in laws have been contractors for years... Pay as you go is a good practice ...

Yeah they divided the project into 4 phases. They finish one phase and we pay them. Here thats standard down here for a project lasting more than a week or two.

[R8RFAN]

Originally Posted by Phobia

That's fine with me. But I'd say you're a very unique person. Most of my clients don't want anything to do with any of the process. They just want it to look like the picture when we're done and they don't care how it gets that way.

I have been ****ed before (when I was young and dumb) .... Never again...

Also the job gets done a helluva lot faster when you are waiting to pay them.

Don't get me wrong, I respect the hard work of contractors and I will not nitpik on a dollar here or there..


I am not concerned with a well known contractor btw... If you have a good rep with my people, I will pay you up front...

These mofos were going around telling businesses they had extra asphalt left over and will fix their lot... sure they put an inch of asphalt on their lot, got paid and left then the first vehicle that drove over it peeled it up like a banana .... Scammers long gone...

[R8RFAN]

Originally Posted by BigRedChief

Yeah they divided the project into 4 phases. They finish one phase and we pay them. Here thats standard down here for a project lasting more than a week or two.

Yes sir.....

[R8RFAN]

sad part is the law is on the side of the customer...

A contractor can come in and do excellent work and still not get paid if the homeowner files bankruptcy ... The contractor can't even go back and undo what he done.

I see both sides

[stevieray]

Originally Posted by R8ers

What kind of dumbass gives money to people out of the blue...


No money until the job is done...

I've always received half down and balance upon completion.

....that said, I can see where there would be exceptions, depending on the job, etc.

[DanT]

Originally Posted by notorious

This.


Why even take the check if he has to come back to you to get it signed? He must be an idiot.


I would have told you to take your business elsewhere if you didn't want to put money down, though. Way to much liability on me if you back out.

Yeah, that's what I don't get, giving someone an unsigned check. If I were a judge and someone told me that they paid for something and then said that they paid for it with an unsigned check, my gut would tell me that they must have paid for something with a signed check and that the signature on the check is not fake. Of course, it's possible to get evidence from a handwriting expert to speak to whether the signature is forged.

[jspchief]

Originally Posted by R8ers

sad part is the law is on the side of the customer...

A contractor can come in and do excellent work and still not get paid if the homeowner files bankruptcy ... The contractor can't even go back and undo what he done.

I see both sides

Bankruptcy doesn't typically absolve lien holder's rights. Mechanics Lien's aren't ironclad, but it's a pretty reasonable protection for contractors.

If I needed a customer to pay for materials in advance, I would send them to my supplier with a order # and have them pay the supplier directly. That way at the very least they have the assurance of knowing that the money went to a tangible thing. If I flake out as a contractor, they at least have the materials on hand for the replacement they hire.

As for the risk contractors expose themselves to, it's the nature of the business. At the very least you should have a nose for customers that may be shady and act accordingly.

[Halfcan]

Go to the poilice station and file a report. Then you can take that to your bank and have your money returned to you. They will most likely put a temporary deposit back in your account. You will have to sign some paperwork explaining your side of it. pics of the deck ect. wouldnt hurt your cause. The bank will investigate and then turn it over for bank fraud and file charges.

Not sure why you waited a month when you saw the check go through- but i wouldnt wait any longer.

If you still need work done PM Phobia. He does excellent work and has Many references including myself.

[DanT]

I googled "unsigned check". Based on the results, it looks like giving someone an unsigned check is not all that unusual. Here's what one law firm has on their web page about them:

Originally Posted by http://winstonandwinston.com/?page_id=316

Unsigned Check
BY JAY AND ARTHUR WINSTON, WINSTON & WINSTON, P.C.

A check that is unsigned may be deposited by the recipient by endorsing on the reverse side of the check the payee’s signature and guaranteeing to the bank the signature of the maker of the check. When the check is presented to the maker’s bank, the bank accepts the check and transfers the funds. The maker who receives the debit on the bank statement will not contact the bank since he or she believed the check was signed. The maker who did not sign the check deliberately will contact the bank which, in turn, will contact the depositor’s bank and assert no signature. The bank will charge the depositor’s account and the depositor will be in no worse or better position than if the check was returned to the maker for signature. The only expense incurred is the charge of the bank for returning the check.
If the unsigned check is returned by mail to the debtor for signature, the debtor may never sign the check and send it back to the creditor. Sometimes the debtor does not sign the check intentionally as a ploy to stall for time. For this reason, we recommend guaranteeing the signature and depositing the check, as described above.

Copyright © 2000, 2001 Winston & Winston P.C. All rights reserved.
Revised: July 29, 2003

[DanT]

Here's what eHow said while answering the question "Can a Bank Process an Unsigned Check?":

Originally Posted by http://www.ehow.com/facts_7639487_can-bank-process-unsigned-check.html

Unsigned Checks
In many cases, a bank will process an unsigned check. They may require the bearer to write "Over" in the signature line, and "Lack of Signature Guaranteed" on the back, above the bearer's signature. Some banks may even process an unsigned check without verifying signature. If you wrote an unsigned check, which you didn't wish cashed, you must contact the bank immediately, typically within 30 days. In some cases, banks will not honor checks which have not been signed by the maker.



Read more: Can a Bank Process an Unsigned Check? | eHow http://www.ehow.com/facts_7639487_ca...#ixzz2Tftw2NhG

[go bo]

Originally Posted by Saul Good

...especially when you figure that everyone on this site is 6'4, 220 and runs a 4.45.

pshaww!

i'm 6'9", 330 lbs of pure muscle and run a 4.0 40!!

and 109 reps with the weights at the combine before i decided to be an nfl gm...

[Misplaced_Chiefs_Fan]

Originally Posted by go bowe

pshaww!

i'm 6'9", 330 lbs of pure muscle and run a 4.0 40!!

and 109 reps with the weights at the combine before i decided to be an nfl gm...

But, you're a known CP legend. We couldn't count you because you threw off the curve.

[Sully]

Originally Posted by Halfcan

If you still need work done PM Phobia. He does excellent work and has Many references including myself.

This
A few years back, someone close to me needed some work done relatively quickly, and relatively cheaply. I had heard enough about Phil on here that I got in contact with him. I had to explain that this person was very difficult to deal with, and what she needed done. He explained exactly what his plan was, and followed through. He knew which shortcuts would make the bill cheaper, but also look good.
I dropped out of the process after that, but in asking, I heard the job was done well, except for her typical bitching about everything in life.

Originally Posted by Sully

This
A few years back, someone close to me needed some work done relatively quickly, and relatively cheaply. I had heard enough about Phil on here that I got in contact with him. I had to explain that this person was very difficult to deal with, and what she needed done. He explained exactly what his plan was, and followed through. He knew which shortcuts would make the bill cheaper, but also look good.
I dropped out of the process after that, but in asking, I heard the job was done well, except for her typical bitching about everything in life.

Thanks for the kind words. She was fine. She was just far too kind for her own good and got screwed by her tenants. I wish we could have fixed all that stuff perfectly but hopefully the lipstick we put on the pig helped it sell. That was a real mess for all of us.

[Bob Dole]

Bob Dole had a project and it just went to shit after Phobia left.

And Bob Dole's wife got fat.