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3 Bumps

Is it legal?

I'm asking for my friend dealing with a customer who is upset that (my friend) did not give confirmation on the final proofs for a logo he printed on sports apparel. They met up and she was upset about the logo and claimed it was the wrong one...why would she send anything other than the one she wanted printed in the first place!?

Anyway, she wrote a check for the amount she thought was fair and took the product. That night her husband emailed and said, that he "stopped payment" on the check and they still have the product. He agrees that my friend did the job and should be paid, but wants to reach a compromise and will release funds when a compromise is reached. Didn't his wife reach a compromise when she wrote out the check and took the product? Is this legal? We are currently trying to contact a lawyer...but any advice would be great.( They have sent all emails to their lawyer).

There is no contract...Only emails and verbal and the check she wrote.  State: Colorado


Thank you.

Answer Question
 
Anonymous

Asked by Anonymous at 8:08 PM on May. 24, 2013 in Money & Work

Answers (18)
  • No. She examined the goods and could have refused them, though he could possibly sue her if he has the emails and photo she sent and it is the same.
    If you accept the product after examining it. you accept the goods and payment is required on ALL the fee. You do not get to negotiate after the fact unless the printer changed something.
    Stopping payment on the check is just going to land you in jail with the court fees and the lawyer fees attached.
    Your friend should go to a law office and have the paralegal (lower fee) draft a letter to the client for complete payment including the legal fees and bank fees incurred.
    Dardenella

    Answer by Dardenella at 8:17 PM on May. 24, 2013

  • Does it matter if the check was cashed or not prior to clients husband stopping payment? My friend did not cash the check before payment was stopped. Thank you.
    Anonymous

    Comment by Anonymous (original poster) at 8:23 PM on May. 24, 2013

  • If someone writes a check and receives a receipt for something bought, then later stops the check, that person will be in trouble for basically the equivalent of writing bad checks.
    Ballad

    Answer by Ballad at 8:31 PM on May. 24, 2013

  • I thought it was theft of services if the check was cancelled after goods were accepted

    Either way no its not legal and forget an atty
    Check into small claims laws ( maximum allowed in the state)
    And then sue Your friend will then have to file a lien

    Its hard to collect but the judgement will be there
    Court services should be able to offer best advice for free
    feralxat

    Answer by feralxat at 8:40 PM on May. 24, 2013

  • Verbal agreements do hold up in court. That's basic business law 101, especially if you have corroborating evidence such as emails and the check. Payment meant she accepted the product. She didn't have to accept the product and could have refused to pay. At this point, their actions resemble more of a scam. Btw, never accept check payment for this reason. There are online credit card payment acceptance vendors (or even Paypal) is safer. Doesn't make sense why she'd take and pay for the product if she didn't like it. In the future, make sure to use a contract that states ALL SALES FINAL and perhaps consider requiring a 50% deposit. Try to settle it out of court first by asking for the return of the product before redoing the order. Cheaper than going to court but if the amount was a lot (more than $400) then small claims court might be worth it. You can file all the court info yourself though attorney makes it easier.
    hellokittykat

    Answer by hellokittykat at 8:50 PM on May. 24, 2013

  • Don't do business with these people again. They sound very shady. This is similar to the Nigerian check cashing scams. If they don't show up to court, it's an automatic win for you. From this point forward, everything should be in writing. Make sure communications specifically address their first and last names (so they can't say it wasn't their email). Refrain from leaving detailed voicemails (just ask them to call back, don't leave details on voicemail ever) and also try to catch them on voicemail referring to agreements and terms. Be wary but don't let onto them that you're documenting everything at this point if there's a chance to settle this out of court. If you speak on the phone, send an email asking them to confirm their agreement as a follow-up. Might even want to use a voice recorder while you're on the phone. Request a deposit for any corrected orders. Good luck.
    hellokittykat

    Answer by hellokittykat at 8:59 PM on May. 24, 2013

  • I also agree with Dardenella that you could find a medium to large size law firm that has paralegals who could draft letters for you for a lower fee ($40-60/hour vs. $200-400/hr). These sites are also good legal shopping sites for legal questions


    http://www.avvo.com/


    http://www.legalmatch.com/

    hellokittykat

    Answer by hellokittykat at 9:06 PM on May. 24, 2013

  • http://www.sanmateocourt.org/court_divisions/small_claims/stop_payment_check.php


    http://www.avvo.com/legal-answers/is-it-check-fraud-if-i-stopped-payment-on-check--188317.html


    It is fraud now on their part because they received goods and attempted to deceive you. You should contact a magistrate judge about possible criminal charges if they are unwilling to settle this decently. You also have rights to a civil suit. Be sure to include legal fees on top of amounts owed.

    hellokittykat

    Answer by hellokittykat at 9:24 PM on May. 24, 2013

  • hellokittykat

    Answer by hellokittykat at 9:29 PM on May. 24, 2013

  • This is in Colorado
    Anonymous

    Comment by Anonymous (original poster) at 9:30 PM on May. 24, 2013

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