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What do you do when a person is trying to keep half of an insurance check from their insurance company. The money is due to us.

We recently did some water restoration work for a customer in the area. Upon receiving the insurance check, the customer decided he wanted to keep around $15,000.00 as gratuity for letting us for business with him. What do we do>

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Attorney answers (3)

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Reputation Level 16
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

I am not clear on your question. Are you a contractor? Did you have a contract to perform services for a price? Were you supposed to get paid by your customer by the insurance company? If you are owed money and the money is being wrongfully withheld, you can file suit for money damages and/or for a court order that the money should be paid over to you. You should immediately consult your own attorney to protect your legal rights.

Reputation Level 14
I am assuming the insurance company based on the presentation of an invoice from your company issued a check made payable to both you (the contractor) and the home owner. You signed the check and the homeowner kept $15,000. If that is the situation, you can either hire and attorney to sue the homeowner for breach of contract (failing to remit payment on your invoice and possibly for fraud), or you can file a claim in Small Claims Court on your own for $7,500.

Disclaimer. Ms. Marsh is an attorney licensed to practice in California. The information posted above is for general information, does not constitute professional legal advice, and does not create an attorney client relationship. Ms. Marsh strongly advises the questioner to consult with an attorney to thoroughly review his or her particular circumstances and for advice tailored to his or her specific circumstances.

Reputation Level 13
This information is being provided for education purposes only.

If you had a contract with the customer you are entitled to the payment to which you agreed. This seems like a good bit of money. You should consult with a local attorney regarding the situation.

Good luck

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