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Contractor misplaced verify, needs new one; how can I shield 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 mentioned that he had cashed the verify however that it by no means posted to his account.

Not clear from the above whether or not the contractor “cashed” the verify 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 shield you from legal responsibility to a verify cashing enterprise which has “holder in the end” standing. This can be a powerful idea for individuals to just accept, however is true.

See:

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

That is new data!
Yikes.

A few occasions (in all probability 2 or 3) once we despatched again safety deposit checks for our trip rental cabins, the particular person informed us that they misplaced it. These had been virtually at all times 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 verify.
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’d NOT have achieved this had I recognized about this “holder in the end” state of affairs.
How we acquired to our ages with out understanding about this…!??
I ought to talk about this with DH now, as a result of we do pay a few of our native distributors by verify reminiscent of panorama, housecleaner, and many others. These do not take cost playing cards.
And we have now been reluctant to make use of the newer “click on on one’s iphone and switch cash instantly” varieties of packages.

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 after was the case with bank cards. In case 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 in the end 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 way in which it labored.

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

We’ve not wanted to file lots of these, thank goodness, however the few occasions we have now, the cardboard vendor at all times “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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