I did work and homeowner cancelled checks

[meaganw101]

This is not me, but my fiance. He was doing side work while also working full time for a lady. Painting her house and re-doing her floors. The job was going slow and she didn't like that, so he quit his job to finish. She gave him a $300 deposit, they agreed the job would pay $2000 once completed. After he was a little more than halfway done, he asked for a $1000 draw off the job. He doesn't have a bank account, so we had my parents deposit the checks into their account. They were 2 $500 checks. Why I don't know. Anyways, it took a little longer than expected to get all this done, and when he went back later that day to do some more work, say about 5 pm, the lady was mad he got back so late and told him to leave and she was cancelling the checks? Can she do that? He is not a licensed contractor. He was doing this for some extra money. But he completed more than half the work promised and was only paid $300 out of $2000. what can we do? This is in Florida if that matters. Please help, my parents are now out $1000 as they gave us that money to pay our rent before the checks were fully deposited and before we knew they were cancelled.

 

[Just Blue]

This is not me, but my fiance. He was doing side work while also working full time for a lady. Painting her house and re-doing her floors. The job was going slow and she didn't like that, so he quit his job to finish. She gave him a $300 deposit, they agreed the job would pay $2000 once completed. After he was a little more than halfway done, he asked for a $1000 draw off the job. He doesn't have a bank account, so we had my parents deposit the checks into their account. They were 2 $500 checks. Why I don't know. Anyways, it took a little longer than expected to get all this done, and when he went back later that day to do some more work, say about 5 pm, the lady was mad he got back so late and told him to leave and she was cancelling the checks? Can she do that? He is not a licensed contractor. He was doing this for some extra money. But he completed more than half the work promised and was only paid $300 out of $2000. what can we do? This is in Florida if that matters. Please help, my parents are now out $1000 as they gave us that money to pay our rent before the checks were fully deposited and before we knew they were cancelled.

Your boyfriend seriously quit his full time job for a one time, small change painting job? That wan't very forward thinking.

Was there a contract? Was there a deadline for the job to be completed?

Your BF can file a small claims case for the money owed and fees associated with the stop payment(s).

 

[Zigner]

Your boyfriend seriously quit his full time job for a one time, small change painting job? That wan't very forward thinking.

Your BF can file a small claims case for the money owed and fees associated with the stop payment(s).

If the BF needs to be licensed in order to do the work he was doing, then his small claims suit might not be successful at all. Additionally, if the lady had to hire someone to finish the work that he didn't complete, then the BF might actually be on the hook for even more. I think the BF needs to carefully consider how he wishes to proceed, because it might just be cheaper to walk away and find a way to repay the OP's parents.

Having said that, the OP's parents might have some recourse against the lady who wrote the checks, but I'm not going to delve in to that because it would be asinine for the guy to further inconvenience the OP's parents.

 

[Just Blue]

If the BF needs to be licensed in order to do the work he was doing, then his small claims suit might not be successful at all. Additionally, if the lady had to hire someone to finish the work that he didn't complete, then the BF might actually be on the hook for even more. I think the BF needs to carefully consider how he wishes to proceed, because it might just be cheaper to walk away and find a way to repay the OP's parents.

Having said that, the OP's parents might have some recourse against the lady who wrote the checks, but I'm not going to delve in to that because it would be asinine for the guy to further inconvenience the OP's parents.

Yes...if a license was required then the BF is SOL. IMPO the parents should get reimbursed for the 1k + fees by the BF.

 

[zddoodah]

the lady was mad he got back so late and told him to leave and she was cancelling the checks? Can she do that?

She certainly can try, and the end of your post suggests she did try and was successful, which makes the answer to this question rather obvious.

He is not a licensed contractor.

I don't have specific knowledge about Florida law for contractors, but it's possible that he may have committed a crime by working as a contractor without a license and might not be entitled to any payment.

what can we do?

We? Legally, this has nothing to do with you. Your fiance is free to sue in small claims court.

And, if I were you, I'd strongly reconsider the advisability of marrying someone who doesn't have his stuff together. He doesn't even have a bank account??! And, as "Just Blue" questioned, he quit a full-time job for a one-time small dollar painting job?

my parents are now out $1000 as they gave us that money to pay our rent before the checks were fully deposited and before we knew they were cancelled.

So...are you telling us that the woman's attempt to cancel the checks was successful and that they bounced?

Your BF can file a small claims case for the money owed and fees associated with the stop payment(s).

He won't have standing to recover those fees since he wasn't the one who incurred them.

 

[Zigner]

He won't have standing to recover those fees since he wasn't the one who incurred them.

If he pays them to the OP's parents, then he would have standing.

 

[FarmerJ]

Im going to guess that the reason she wrote two checks was that she figured that she could get away with it if a local law in place limited assistance with bad check problems like NSF check prosecutions to amounts over 500.00 When I lived in the twin cities I learned for example Minneapolis city attorney would not take on bad check writers until the checks exceeded 500.00 same with some suburbs the city attorneys would not threaten to prosecute until the checks were over 500. It doesn't excuse her choice and If he sues her in small claims court just don't be shocked if there is a further consequence to him due to not having a license.