- Joined
- Mar 20, 2005
- Location
- Morganton NC
Where's out Legal Eagle?
Anyone remember my landscaping Job?
- Thread starter Macdaddy4738
- Start date
Macdaddy4738
Well-Known Member
- Joined
- Jun 1, 2005
paulevans76 said:
yup, thats what I was planning to do
Your original post said that he owed you $65.00 so that's what I was going on.
Hopefully next week he'll pay you cash. IF you get/take another check, don't cash it at your bank, take it to his and try it. If the funds aren't there, just take the check back and come back another day. Eventually he'll have some money in there.
Good luck
Hopefully next week he'll pay you cash. IF you get/take another check, don't cash it at your bank, take it to his and try it. If the funds aren't there, just take the check back and come back another day. Eventually he'll have some money in there.
Good luck
RatLabGuy
You look like a monkey and smell like one too
- Joined
- May 18, 2005
- Location
- Churchville, MD
NCJeepin said:
Agreed
If you want to give him 1 chance (which I would not) - tell him that you plan to be filing at the courthouse at noon and the police station at 1 next friday. he has until then to pay you in CASH. That leaves him all morning to scrounge it and find you. Do not accept a check.
My bet is you'll have the money before Friday, if he knows yer serious about he suit and charges.
And btw I think you should stick it to him just for being rude to your mother. In my world that is an unforgivable sin and in itself brings an ass-woopin'.
Macdaddy4738
Well-Known Member
- Joined
- Jun 1, 2005
Yea, thats what really pissed me off when he started talking trash to my mom. (Although Im sure she stuck it right back at him, probably 10 times worse too 
)
Seriously though, as I said, the guy IS a friend (or was anyways) and I will give him at least one chance. Once that passes though hes gonna be in a world of trouble.
Actually he now owes me 160 dollars...
25 Overdraft Fee
30 Overdraft Fee
65 Check Fee
10 Bounced Check Fee
30 for unpaid work!
)Seriously though, as I said, the guy IS a friend (or was anyways) and I will give him at least one chance. Once that passes though hes gonna be in a world of trouble.
Actually he now owes me 160 dollars...
25 Overdraft Fee
30 Overdraft Fee
65 Check Fee
10 Bounced Check Fee
30 for unpaid work!
- Joined
- Apr 16, 2005
- Location
- Sharon, SC
While it sucks the guy turned into an asshat, and I definitely think you got screwed, here is some food for thought.
IF I WERE HIM
I would go to court and say you were paid contract labor for a job and after paying you he realized the job was never completed (by your admission you left the job undone) there for he stopped payment on your payment for services rendered. It would leave an overworked, overstressed judge a tough decisio and he would probably toss it out over $65 dollars...
DO NOT threaten him in any way or all your chances are gone out the window...
Good Luck
IF I WERE HIM
I would go to court and say you were paid contract labor for a job and after paying you he realized the job was never completed (by your admission you left the job undone) there for he stopped payment on your payment for services rendered. It would leave an overworked, overstressed judge a tough decisio and he would probably toss it out over $65 dollars...
DO NOT threaten him in any way or all your chances are gone out the window...
Good Luck
- Joined
- Apr 16, 2005
- Location
- Sharon, SC
also unless you have otherwise in writing, expect the unpaid work to be paid at minimum wage. If he doesnt go contract labor route which would be sketchy since he couldnt produce said contract, he could say minnimum wage and he was going to send you a 1099.
This is a tough lesson but I would let it drop, you agreed to break the law (work for "cash under the table") and you got bit by a criminal.
It is the old story of the scorpion and the frog, its in his nature....
This is a tough lesson but I would let it drop, you agreed to break the law (work for "cash under the table") and you got bit by a criminal.
It is the old story of the scorpion and the frog, its in his nature....
Macdaddy4738
Well-Known Member
- Joined
- Jun 1, 2005
the 65 is for work I completed.
RatLabGuy
You look like a monkey and smell like one too
- Joined
- May 18, 2005
- Location
- Churchville, MD
Overdraft fees ($55 of what you list)...
Keep in mind that this is not necessarily his fault/responsibility - it only happened b/c you happened to have no $$ in the account besides the check you deposited. Many bank personel would argue that it is YOUR responsibility to ensure that a check clears/does not bounce before you begin spending off of that $$. If I were him I would not agree to cover that expense because it was not directly his fault, youy could have avoided it.
In fact, the "check fee" and "bounced check fees" - is that because YOU bounced a check, or because HIS bounced? If they are from YOUR bounced check then similar to above, it is not his responsibility.
It is like the following. Lets say I buy a tool from you to use on a job I am contracted to do. I buy the tool and head straight to the job. When I get there, I discover the tool has a problem.
Now I am pretty pissed b/c the job cannot be done and I lose time, money, and a customer. I come back to you and ask for not only my money back - but also the $$$ I lost on the failed job. Would you pay for that? I seriously doubt it. I should have TESTED the tool first, that was poor planning on my part. You'd just refund my $$ with an apology, right?
Keep in mind that this is not necessarily his fault/responsibility - it only happened b/c you happened to have no $$ in the account besides the check you deposited. Many bank personel would argue that it is YOUR responsibility to ensure that a check clears/does not bounce before you begin spending off of that $$. If I were him I would not agree to cover that expense because it was not directly his fault, youy could have avoided it.
In fact, the "check fee" and "bounced check fees" - is that because YOU bounced a check, or because HIS bounced? If they are from YOUR bounced check then similar to above, it is not his responsibility.
It is like the following. Lets say I buy a tool from you to use on a job I am contracted to do. I buy the tool and head straight to the job. When I get there, I discover the tool has a problem.
Now I am pretty pissed b/c the job cannot be done and I lose time, money, and a customer. I come back to you and ask for not only my money back - but also the $$$ I lost on the failed job. Would you pay for that? I seriously doubt it. I should have TESTED the tool first, that was poor planning on my part. You'd just refund my $$ with an apology, right?
Chris's wife here again:
Generally speaking financial institutions (whether it be a credit union or a commercial bank) are generally more willing to work with NSF charges when it is NOT due to a person drawing against uncollected funds (such as writing checks off a deposit you made 10 min earlier)Thats the reason for the little signs everywhere that say "funds deposited may not be available for immediate withdrawal".
Say you had cashed a check that someone wrote you that was NSF. The bank comes to you for the cash, because they are just the party making the transaction....the legal contract (check) is between the party who wrote it and the party who cashed it. Basically speaking, writing checks immediately off a deposit is doing the same thing...you are taking for granted that the funds are going to be there, and it really snowballs when they are not.
Most banks are pretty flexible when you dont take advantage of asking for NSF refunds. Those refunds are all profit for the bank, the actual cost of processing a bad check is around $11 and some change (SECU charges $12 since they are a non-profit instituion). The banks that charge $30-$35 are just ripping somebody off because there is not a damn reason why they should charge that much except for greed (can you tell I worked for a commercial bank for some time)
OK...I've rattled on long enough.....
Generally speaking financial institutions (whether it be a credit union or a commercial bank) are generally more willing to work with NSF charges when it is NOT due to a person drawing against uncollected funds (such as writing checks off a deposit you made 10 min earlier)Thats the reason for the little signs everywhere that say "funds deposited may not be available for immediate withdrawal".
Say you had cashed a check that someone wrote you that was NSF. The bank comes to you for the cash, because they are just the party making the transaction....the legal contract (check) is between the party who wrote it and the party who cashed it. Basically speaking, writing checks immediately off a deposit is doing the same thing...you are taking for granted that the funds are going to be there, and it really snowballs when they are not.
Most banks are pretty flexible when you dont take advantage of asking for NSF refunds. Those refunds are all profit for the bank, the actual cost of processing a bad check is around $11 and some change (SECU charges $12 since they are a non-profit instituion). The banks that charge $30-$35 are just ripping somebody off because there is not a damn reason why they should charge that much except for greed (can you tell I worked for a commercial bank for some time)
OK...I've rattled on long enough.....