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Contractor misplaced examine, needs new one; how can I defend myself?

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September 1, 2024
ted.r.3 wrote: Solar Sep 01, 2024 10:09 am

almeida wrote: Solar Sep 01, 2024 9:47 am
Now, a month or so later, the contractor known as and stated that he had cashed the examine however that it by no means posted to his account.

Not clear from the above whether or not the contractor “cashed” the examine or deposited it in his checking account. Did he present you the deposit receipt? Why would not he take this up along with his financial institution?

In any occasion, a “cease” order doesn’t defend you from legal responsibility to a examine cashing enterprise which has “holder sooner or later” standing. It is a powerful idea for individuals to simply accept, however is true.

See:

https://www.reinhartlaw.com/news-insigh … ment-check

That is new info!
Yikes.

A few occasions (in all probability 2 or 3) once we despatched again safety deposit checks for our trip rental cabins, the individual informed us that they misplaced it. These have been virtually all the time for $1k, so not a chapter state of affairs, however nonetheless, not a trivial quantity.

We merely put stop-payment orders in, and issued a brand new examine.
We did a good quantity of vetting earlier than every rental settlement (it was a comparatively costly rental), however nonetheless…!!
Luckily, we by no means had an issue, and we now not personal any rental properties.

I might NOT have carried out this had I recognized about this “holder sooner or later” state of affairs.
How we acquired to our ages with out understanding about this…!??
I ought to focus on this with DH now, as a result of we do pay a few of our native distributors by examine resembling panorama, housecleaner, and so on. These do not take cost playing cards.
And we now have been reluctant to make use of the newer “click on on one’s iphone and switch cash instantly” forms of applications.

We attempt to pay virtually all the things by cost card, however there are the very occasional distributors who simply do not use them.

nisiprius wrote: Solar Sep 01, 2024 11:14 am
I am conscious of “holder-in-due-course” as a result of that when was the case with bank cards. In the event you purchased one thing with a bank card, and did not obtain it, and contacted the bank card firm, their place was “nothing to do with us, not our drawback. We’re the holder sooner or later of a contract you signed to pay $432, so pay. Any issues with the merchandise, take it up with the service provider.” Sure, that was as soon as the best way it labored.

And we by no means heard about this, both! :shock:
Certainly, one purpose we DO want to make use of cost playing cards, apart from the comfort (and, ahem, the rewards), is that one CAN file a dispute ought to that be warranted.

We have not wanted to file a lot of these, thank goodness, however the few occasions we now have, the cardboard vendor all the time “investigated” and located in our favor. [For smaller charges, they may have eaten the cost, but there were two larger $$ situations where they did in fact “investigate” (they asked us for more information after getting a response from the vendor).]

RM

This signature is a placebo. You’re within the management group.

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