Here is my problem....
I wrote a check to a plumber who gave me an estimate, and wanted one half down on the job. This check was issued at 9:00 pm, and he said he was licensed. After checking with the Dept. of licensing, and found he was not licensed, and had several citations which were not paid, I cancelled my check.
He cashed the check at Money Tree, they gave him the money, and then found my check was cancelled. Money Tree says I am held liable for the money they paid the plumber??
I would like to know if I am liable, as I did get a notice from Money Tree attorney, who states I am.
I don't feel it is my fault that Money Tree gave the plumber money without doing some kind of research.
The check was in the amount of $ 1925.00
Please tell me what you think?
Thanks so much,
You need to retain an attorney to assist you. You will not be able to handle the matter on your own. Money Tree will just turn the matter over to collections; thus increasing the total amount owed. You can sue the plumber in small claims to try to get your money back. Good luck.
Negotiable instruments, such as checks, have their own area of law. Guessing from law school many years ago, you probably will have to pay money tree and pursue your dispute with the plumber.
Once you utter a negotiable instrument, the law favors enforcing payment. Attempting to cancel a negotiable instrument after it is uttered is difficult.
You probably will have an attorney to get this resolved.
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I agree with the previous answers. The Plumber should be sued at once and you should also report the violation to L&I . Because you wrote the check you may have to pay, but the plumber has to answer for the fraud in the inducement and you could go through small claims if you are just dealing with the plumber, but Money tree will enforce collections with a lawyer and your defenses to enforcement of the check while effective against the plummer may not be as effective against Money Tree. Unless there are conditions on the check ( very rare) the statute is linked below.
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