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Stopped payment on pay check

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Cory

Guest
What is the name of your state? What is the name of your state? Indiana.
My husband and father-in-law worked for a man who forever accused everyone of stealing his tools. But he also made the people that worked for him carry his tools from job to job. It was very hard getting him to pay his workers. When my husband told him that he was offered another job this guy begged him to replace his ceiling in his house before he left. So he did. Of course my husband told him he would finish up on the ceiling during the weekends. The guy gave him a paycheck also gave my father-in-law a check too. He asked that we didn't cash them until he got a little more money. Come to find out he stopped payment on both check immediately following. My husband out of town this guy calls me and asked if my husband had his drill. I told him that it was possible because my father-in-law was in a hurry to get things done and probably packed it in the truck with the rest of the things. So I called my husband and he looked in the truck. Yes it was there. So I called the guy back and told him my husband would bring it over when he came home for the weekend. Then the guy starts yelling at me telling me that my husband stold it from him. He says he is gonna have him arrested for stealing from him. Now he is accusing him of stealing alot more than just a drill. He has nothing but the drill. My husband won't be back until the weekend or he will lose his job that he has now. Can this guy do anything and press charges when plans were made to return and finish the job and get his drill back? I also have the keys to his shed and home that I have put up and I did tell him that he could come and get them anytime. Which the last day my husband and father-in-law worked there both tired because they were trying to get as much done to their home as they could before they left . My father-in-law accidentally packed up the guys drill along with my husbands tools. The keys were given to my husband just in case he needed to leave he could lock up the place and re-enter it. My husband had told me about the keys and he left them with me so I could get them back to the guy. We have no reason to keep the drill or the keys. The guy is indebted to us for $450.00 and $350.00 to my father-in-law. So now, the way I am seeing it is that he is just making excuses and accuseing my husband so he doesn't have to pay him or my father-in-law. What do you suggest we do with situation? Who can I talk too. He did make sure we didn't have funds to take him to small claims. We aren't holding anything hostage for the pay check either. What should we do?
 


Beth3

Senior Member
When your husband gets home, I suggest he return the drill to the owner along with the keys and anything else that needs to be returned and get a signed receipt that the property was returned if possible.

Yes, I suppose the owner could make a stink and contact the police in the meantime but I don't think anything big will come of it. If the police show up, you explain what has taken place and that you've already spoken to your husband who plans on returning the drill as soon as he returns from his new job. Nobody is going to go to jail over this. If the police talk to the business owner, they're likely to get a good idea what the guy is all about and how seriously (or not) his allegations should be taken.

As for any other allegations this maniac may make, just keep calm. Yes, he can file a false theft report but that could land him in trouble. Hopefully, he's just venting and that will be the end of it.

As far as the money your husband and FIL are owed, was this a check drawn on the business for wages or was this a personal check? If it's wages they are owed, then your husband and FIL should contact your State's Department of Labor. If it's a personal check that he stopped payment on, then I expect they'll have to take him to small claims court.
 
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Cory

Guest
Thank you so much for your reply. I have been a nervous wreck and indeed I'll type up a reciept and have my husband have the man sign it as proof. We are honest people and this guy just got a new ceiling installed for free. Small claims court will have to be the one because it was a personal check. I feel alot better now and tears of relief are flowing. Thank you so much.
 
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Cory

Guest
Just writing back to let you know that my husband and I went to his former employers home to return the drill and keys. No one was there so I left a note to let them know we were there but didn't want to just leave his property laying around for someone to take. I wrote for him to please call us that evening. I ended the note with "we are considering turning you in to the Indiana Department of Labor." As soon as we returned home he called. Appologized for his threats and begged us not to turn him in to the labor board. That he would go to his bank and get cashiers checks to pay my husband and his father off what he owes them. I think that pretty well says it all about him. He will be at my home tomorrow with the checks and to retrieve his keys and drill. Thank you again. You gave me the tool to approach him with that would make him think twice of pursuing false charges. Thanks, Cory
 
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CaliCat

Guest
If this guy has such a bad rap for not paying, why work for him?

But be weary of a cashier's check-those CAN be stopped as well if he says they are lost. We sent one to someone and it was lost en route, and cashed by someone else. Bank of America credited our money and issued a new one, then got the money back from the other person. Be cautious about this jerk stopping the payment the second he gets home, even before giving them the checks, to buy more time for himself.
 
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Cory

Guest
:) Just a follow up on the ending results of this query. In the end I had the employer sign a statement that he agreed that we did not have any more personal property that belonged to him and that he did recieve the drill and the keys. Both cashiers checks were cashed at his bank and were good. Then he had the nerve to ask if my husband would come back and finish his ceiling. Can you believe it. Of course he won't. I want to again thank you for your replies. Without the replies I wouldn't have known how to handle this situation. It calmed my nerves and resolved the problem. Cory
 

Beth3

Senior Member
You're very welcome. Glad to have been of help and I'm happy your situation had a happy outcome.

And good for your husband for saying he wouldn't do any more work for this guy. Some people are simply amazing (and not in a good way!)
 

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