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holding my check hostage

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sackatoga

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

I am part owner of a business that does emergency services for fire and flood.
To the point. The insurance company with which the homeowner has filed the claim, has sent the homeowner the check for the services we performed. The check is written to our company and the homeowner. The homeowner is claiming minor damage to personal items handled by a moving company we hired for her and as such, the homeowner is holding our check hostage.
Without going through the civil courts, what is the best course of action to simply get her to hand over the check?
BTW, the check amount is well above the statutory limit for small claims.
 


swalsh411

Senior Member
Have you notified her insurance company? Have you asked for them to cut you the check directly and stop payment on the other?
 

sackatoga

Junior Member
Have you notified her insurance company? Have you asked for them to cut you the check directly and stop payment on the other?
Yes. We spoke to the desk adjuster handling the claim. She said because the case is closed there was nothing the insurance company can do. The desk adjuster advised us to speak to the field adjuster. We did and received the same answer.
This woman( homeowner) is dodging our phone calls. We just want what is legally ours without having to open up a can of legal worms.
One question I have is can I go to a county magistrate and have them issue an order so that the sheriff's dept can accompany me to collect the check?
Or must I file a complaint or suit?
Basically I just want to compel her to sign over the check. Keep in mind, the money is not hers to keep.
 

Zigner

Senior Member, Non-Attorney
Have you filed a lien against their property?

ETA: This is a civil matter. The police won't assist you.
 

justalayman

Senior Member
Have you filed a lien against their property?

ETA: This is a civil matter. The police won't assist you.
the lien is a good idea but often times it does not spur the homeowner into action quickly.


If the homeowner refuses to pay you for your services, you can hire an attorney to write a scare letter. That often spurs some activity. Other than that, suing is about your only other action available.
 

sackatoga

Junior Member
Have you filed a lien against their property?

ETA: This is a civil matter. The police won't assist you.
Thanks.. I thought that was true. Had to ask. Reason being is not only is our Sheriff's dept responsible for police work, they also work for the Courts. Serving papers is one of their functions.
Anyway, thank you.
The mechanic's lien is one way we could go.
Liens don't seem to bother people all that much because the lien is toothless until the homeowner tries to sell. This lady is not going to sell. Few people are trying to sell anyway.
 

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