What is the name of your state (only U.S. law)? Colorado
I have a small business in CO that does counter tops. We have a contract, and also a work completion / final payment close out sheet that ties into the contract.
We did a piece in a kitchen for a client several months ago. The client signed the work completion and final payment close out sheet, and we left with full payment (just below $3,000).
The client called a 9pm that night and left a VM discussing "issues" with minor pitting on the natural, exotic granite. We cashed the check the following morning, and then heard their voicemail the business day after. We promptly called them back, but could not get through.
Several days later the bank calls and said that a large check bounced. It was there's. We found out from a cabinet business next door that was working with the same client, that they cancelled our check by calling their bank and paying a stop check.
I sent them collections letter, along with intent to lien, along with lien, and also a letter stating if they pay the full balance, the lien would be lifted.
This didn't work so I mail served them with a court case in small claims court for ~$7,000 (3 times the amount of the cancelled check).
They finally responded to me, and I have a lot of evidence, including a professional video I took after my attempts at making contact with them at their home, several days after the check was cancelled, and each time they were home and through their screen window told me to leave their property through their screen window.
They finally send a check and a letter. The check is for $500 the amount due. The letter is a lot of lies, and claims they are paying us $500 less because they hired another counter top company to fix the small micro pits (around 5 of them .002" in size). I am skeptical since we tried to remedy the situation for a couple weeks after the install of their counter top, and they ignored us or told us to go away or hung up on us, and they also didn't provide an invoice for this other company.
I almost closed the doors of my business due the sheer amount of the check they cancelled that was written in good faith by them. I had to close off the account, and now owe transworld $2900 on the account in which their check lead to me having to close it and pay it off, which lead to me almost shutting my business down.
Fast forward to now, we are still trucking along, and are a bit better off then we were 5 months ago when they cancelled the check, however I am havign a very very hard decision whether or not to just cash their check for $500 less then the balance owed. OR, should I continue to proceed with small claims court, and hope that I get the full amount granted to me through the court (plus damages). I like the latter option, besides the fact that I am worried about how long it will take to actually get all the money from these folks, after they've been ordered to pay by the court, and all the resources and time I may have to put in to collect the extra funds.
Should I just cash the check they wrote for $500 less, and focus on my business and bigger and better things this summer, or should I go to our small claims court date and fight for every cent that is technically mine, but risk not getting my money for a long time???
One more question: If I don't sign the check or cash it, and bring it and the letter with me to court, along with all my other evidence (contracts, photos, etc), if everything is ruled in my favor, will the judge/magistrate allow me to keep that check (even though the memo line says "full and final payment"), or will I have to destroy the check they wrote for $500 less, and wait longer to get my money?
Thank you for helping answer my difficult questions / your advice on whether I should settle now for $500 less then the full amount due, or put some time and resources in collecting the full $7000 (assuming the judge/magistrate awards me and my company the full amount + the damages I'm asking for).
I have a small business in CO that does counter tops. We have a contract, and also a work completion / final payment close out sheet that ties into the contract.
We did a piece in a kitchen for a client several months ago. The client signed the work completion and final payment close out sheet, and we left with full payment (just below $3,000).
The client called a 9pm that night and left a VM discussing "issues" with minor pitting on the natural, exotic granite. We cashed the check the following morning, and then heard their voicemail the business day after. We promptly called them back, but could not get through.
Several days later the bank calls and said that a large check bounced. It was there's. We found out from a cabinet business next door that was working with the same client, that they cancelled our check by calling their bank and paying a stop check.
I sent them collections letter, along with intent to lien, along with lien, and also a letter stating if they pay the full balance, the lien would be lifted.
This didn't work so I mail served them with a court case in small claims court for ~$7,000 (3 times the amount of the cancelled check).
They finally responded to me, and I have a lot of evidence, including a professional video I took after my attempts at making contact with them at their home, several days after the check was cancelled, and each time they were home and through their screen window told me to leave their property through their screen window.
They finally send a check and a letter. The check is for $500 the amount due. The letter is a lot of lies, and claims they are paying us $500 less because they hired another counter top company to fix the small micro pits (around 5 of them .002" in size). I am skeptical since we tried to remedy the situation for a couple weeks after the install of their counter top, and they ignored us or told us to go away or hung up on us, and they also didn't provide an invoice for this other company.
I almost closed the doors of my business due the sheer amount of the check they cancelled that was written in good faith by them. I had to close off the account, and now owe transworld $2900 on the account in which their check lead to me having to close it and pay it off, which lead to me almost shutting my business down.
Fast forward to now, we are still trucking along, and are a bit better off then we were 5 months ago when they cancelled the check, however I am havign a very very hard decision whether or not to just cash their check for $500 less then the balance owed. OR, should I continue to proceed with small claims court, and hope that I get the full amount granted to me through the court (plus damages). I like the latter option, besides the fact that I am worried about how long it will take to actually get all the money from these folks, after they've been ordered to pay by the court, and all the resources and time I may have to put in to collect the extra funds.
Should I just cash the check they wrote for $500 less, and focus on my business and bigger and better things this summer, or should I go to our small claims court date and fight for every cent that is technically mine, but risk not getting my money for a long time???
One more question: If I don't sign the check or cash it, and bring it and the letter with me to court, along with all my other evidence (contracts, photos, etc), if everything is ruled in my favor, will the judge/magistrate allow me to keep that check (even though the memo line says "full and final payment"), or will I have to destroy the check they wrote for $500 less, and wait longer to get my money?
Thank you for helping answer my difficult questions / your advice on whether I should settle now for $500 less then the full amount due, or put some time and resources in collecting the full $7000 (assuming the judge/magistrate awards me and my company the full amount + the damages I'm asking for).
