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Stopping Payment on a Check

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JenniSam

Member
What is the name of your state (only U.S. law)? Michigan

I called a repairman to fix my hot tub because it had a leak. When he came out, he gave a quote of $250. I agreed to the cost and at his request gave a deposit of $105. When he had the parts to fix the leak, he came back and worked on the leak (so I thought). When he was done, he told me my balance was $302! I asked why since I assumed the balance would be $145 if the the job was quoted at $250. He went on to tell me that he re-built the motor too because it was going to go out in 2 days and he had to charge me at least $85 for the extra hour of labor. At this point none of his math is making sense but he was outside for about 3 hours. I can't say that he worked on the motor for sure. I didn't notice any issues with the motor before now. I only knew there was just the leak. I felt pressured to write a check to him for the full $302. I should have never done that. I should have written him a check for $150. I guess I fully expected him to speak to me before doing any extra work especially if it more than doubles my balance.

At this point, I am angry because I am sure I was taken advantage of but I don't want to act irrationally. So any advice, thoughts or opinions (good or bad) would be helpful. What I want to do is, stop payment on the $300 check and send him a money order for $150+ $25 (for any nsf fee he may get) with a letter stating that I authorized him to repair the leak based on the $250 quote. After thinking about it, if I take my vehicle to the shop to have the altenator fixed and the repairman fixes the transmission because he thinks it's bad, then that is his gift, not my obligation to pay. If it were, then the hot tub guy could have painted my deck then charged for that too. Silly me for giving him the check in the first place.

I realize he could take me to court. But would anyone else stop payment on this check or accept this expensive $150 lesson?
 


Zigner

Senior Member, Non-Attorney
If you feel you were overcharged, your option is to sue in small claims court. Don't stop payment on the check.
 

Hot Topic

Senior Member
If you stop payment, you'll be hard put to explain that it isn't your intention to "stiff" the repairman, only pay him what you think the job is worth.
 
I'd pay the $145 and tell him to go pound salt. Let him sue you then tell him to prove the motor was going to die in 2 days by un-rebuilding back to what it was before hand and run it for 2 days to see if it would of indeed died.
 

JenniSam

Member
Zigner and Hot Topic - I see both your points.

Zigner- Would you mind elaborating a little more on your position?

Hot Topic - I certainly don't want to give the impression that I am trying to stiff him. I could write him a letter asking him to return the extra $150 but I doubt he would. Based on court costs, taking him to court for $150 probably would not be worth it once you factor in court costs and having him served. I was hoping he would think the same way and accept the total payment of $250 (+$25 for the stopped check). If I overnight (crr) a money order for the $150 balance that we agreed upon, would it still appear as if I was trying to stiff him? If I should drop it and live with it, its ok to say that too.

Disneykids52 - My angry side agrees with you! I've never had a mechanic proceed with work they were not contracted to do. I don't know if he really worked on the motor. I heard alot of grunting, cussing and f-bombs coming from the patio but I couldn't say for sure what he was doing. Even when you get your oil changed they show you that they filled your tank with new oil. He showed me nothing and didn't tell me about the motor repair until the tub was sealed back up, refilled and it was time to pay. I guess I am so frustrated because I don't even want the tub but I have lupus and need it for joint pain.

I definitely need to sleep on this one! Thanks for all the advice.
 

TigerD

Senior Member
MY take: It's $150 bucks. Pay it; be pissed. Tell all your friends and never use his service again. You will get over it in a few days.

It isn't worth the time you will have to spend on it to win a point.

DC
 

JenniSam

Member
Debtcollector- Good point. Its definitely a lesson learned and the expensive lessons are the ones you usually don't forget.
 

swalsh411

Senior Member
You will face the possibility of criminal charges if you stop payment on that check. It is not legal to stop payment on a check because you believe you were over-charged after-the-fact. Stop payments can be valid in some situations, like when where the check is lost or both parties to the transaction agree, but not in your situation.
 

cosine

Senior Member
MY take: It's $150 bucks. Pay it; be pissed. Tell all your friends and never use his service again. You will get over it in a few days.

It isn't worth the time you will have to spend on it to win a point.

DC
A cheap lesson, too.

Sometimes there are times to win a point and sometimes not. When it's a case like this, where really the primary fault is he didn't come tell you ahead of time, it's not worth it. You know you'd have opted to pay for it if he did tell you (unless you believed he was lying), so it's not really the money, but the fact that he failed to tell you up front.

Oh, and there are times when it is very well worth fighting on principle. Many years ago I fought the phone company over a ONE PENNY error on the phone bill. Their argument was always "It's just one penny" and mine was "your computer made a calculation error". They eventually gave in after I threatened to take it to the AG (I really suspected there was a systematic, if not intentional, error taking place in their computers).
 

JenniSam

Member
Cosine - I agree with you... kinda. Its not really a cheap lesson for me. I make an ok living and I budget to live within my means. I had the money up to $250 for this repair and that is what we agreed upon.

I think it was intentional. Who rebuilds a motor without first discussing it with the customer, not knowing if they have money to pay the extra cost? Both receipts state "leak repair". But then the second lists a bunch of charges for things I didn't authorize, like rebuilding the motor.

Honestly, I don't think I would have done the repairs. I bought the hot tub for initial relief for muscle inflammation and joint pain. We (me and doctors) thought I'd be in remission quickly so I bought an inexpensive used tub that I needed for right then. I had no long term intentions for the tub and would love to not need it but things didn't go as planned and I still need a tub. If I had been presented with the choice, I would rather have put this $400 towards a new tub. This tub is old and really not worth dumping money into. It sucks but I guess I'll live with it. Compared to other things going in the world, if this is the worst thats going on, its been an ok week.
 

cosine

Senior Member
Part of the lesson you learned (I learned mine 30 some years ago) is that there are cheaters in business at all levels. BTW, I didn't learn well from my first lesson, or even the second one. It took a while but I eventually learned that fewer than a third of businesses at all levels, from one person repair services to global corporations, can be trusted. To find the person who you need to ask about protection from this kind of thing, look in a mirror.
 

LdiJ

Senior Member
Part of the lesson you learned (I learned mine 30 some years ago) is that there are cheaters in business at all levels. BTW, I didn't learn well from my first lesson, or even the second one. It took a while but I eventually learned that fewer than a third of businesses at all levels, from one person repair services to global corporations, can be trusted. To find the person who you need to ask about protection from this kind of thing, look in a mirror.
The one that I learned about, and not soon enough, was the "trip fee". I had multiple repair people tell me that they would have to come back another day, because they didn't have the parts on them, but that I would have to pay them a "trip fee" that day. Most of the time I never heard from them again.

I now pay absolutely no one until the job is done unless its truly a major job requiring a deposit and a contract.
 

JenniSam

Member
The lesson I learned this morning is that he didn't fix a damn thing. Its still leaking. I checked with the county division that prosecutes for bad checks and stop payments do not fall under their scope for prosecution. I paid him a $105 deposit that was cashed almost 2 weeks ago. I think that is good enough.
 

Zigner

Senior Member, Non-Attorney
AGAIN, your recourse is the courts.
If you win, court costs will be ordered to be paid to you.
 

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