Stop Payment on check

[kj89014]

My husband is a tow truck operator. He towed a car for a man from NY to Massachucets. The total cost was $800.00. The man only had $500 in cash and couldn't get anymore out of the ATM therefore he had to write a check for the remainder of the money. The man knew beforehand that it would cost this much and due to the weather condition (Bad snow) my husband took the check. My husband called the man the next day to assure that the check was ok and the man returned the call leaving a message on his voice mail stating there was enough money in the bank not to worry about it deposit it or cash it it was my husbands choice, and he even thanked my husband. We incidently saved this message. We now have learned the man has put a stop payment on the check. It was returned to us. My husband tried to call this man once last saturday but due to the Jewish sabbath he claimed he could not speak to him on that day. Then my husband called again on Monday and the man did not return the call. At first we just thought it was non-sufficient funds but we actually received the check today with stop payment on it. What should we do next or what can we do next?
Thanks

 

[I AM ALWAYS LIABLE]

My response:

Hmmm. Let me see. You posted your story on the "Small Claims Court" forum . . . hmmm. Hold on a minute, I'm thinking . . .

You know? I just don't know. Small Claims Court . . . hmmm.

Nope. I just can't think of anything you can do.

IAAL

 

[kj89014]

I am guessing you are being sarcastic however I dont know. But anyway do you know if we have a case against this guy? Im not too knowlegdeable in this field.

 

[I AM ALWAYS LIABLE]

My response:

Yes, of course I am !

I'm being blatently and emphatically "sarcastic" because your answer was in the forum Name that you posted into !

You've heard of Small Claims Court. You've seen the "Judge Judy" type court shows on T.V. What do you need ? A frying pan over the head for the light bulb to come on?

Your husband had a contract for X dollars. Your husband was only paid Y dollars.

Go get the bum !

IAAL

 

[kj89014]

I know about the whole small claims court thing and Judge Judy, however where do I file against this guy? NY or Mass? And I thought maybe there was something I had to do before hand?

PS I love sarcasm!

 

[I AM ALWAYS LIABLE]

My response:

C'mon. Let me hold you by the hand. It's really a wonderment to me how, sometimes, people can go into business - - like the towing business - - and not know how to go about collecting money owed to them. It's just amazing.

This is really quite simple. You file your claim in MA. Why? Because that's where the bum lives. That's where his bank account is located. That's where he works. If he doesn't live, work, or have an account in NY, why on Earth would you file there? What good would a judgment be in NY if the bum doesn't have anything in NY ?

But, here's how to do things the easy way. Since it's going to cost you at least half that amount to travel to MA, and then pay the filing fee, and then go there again for the hearing, you may as well sell the debt to a collection agency. You might get anywhere from 25 to 35 percent of the check value just by selling it.

IAAL

 

[kj89014]

Heres the thing my husband isnt in the business he is simply a driver. He had to pay out the money to the company and take the check for himself. Being that you say its going to cost at least half the amount to go to MASS and file isn't there an easier way? And even so if it cost that kind of money can't I add that on to the law suit?