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Lost Check

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37chief

03-19-2008 19:54:28




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I did a mowing job last year. The land owner sent me a check for the work. My wife lost the check, I think it went into the wood stove. We sent him another bill explaining what happened. He hasn't answered back. Since he knows what hapened, and we did received his check. Should he still be responsable to send another check? Or should I just say good buy to 180.00? Stan




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David Maddux

03-20-2008 19:58:18




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 Re: Lost Check in reply to 37chief, 03-19-2008 19:54:28  
Here is a good one. Several years ago, I had a credit card bill of around 800.00 for the month. I have always been carefull to pay full amount before due each month to avoid penaltys and interest charges. Well I paid the bill on time, the credit card co. credited my account with the funds. after several months went by, the check never did come back to the bank. Evidentially, someone at the credit card co. lost the check between the time they marked it paid and getting it to their bank. I carried that amount on my balance for two years, the check never did clear the bank, so I finally figured it back into my check book. How many times do you get ahead of the credit card co.'s?

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Joe from MN.

03-20-2008 16:26:12




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 Re: Lost Check in reply to 37chief, 03-19-2008 19:54:28  
I WOULD NOT JUST LET IT GO -- IF ANYTHING --- JUST TRUN IT OVER TO A COLLECTION AGENCY AND LET THEM BUG HIM



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Bus Driver

03-20-2008 14:40:46




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 Re: Lost Check in reply to 37chief, 03-19-2008 19:54:28  
Assuming that all your "ducks are in a row' as advised by others, you could file for a money judgment in Small Claims Court. He has no cancelled check, so he cannot prove that you were paid. If you prevail, the costs of the action will be added to the judgment in your favor.



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RodInNS

03-20-2008 10:03:41




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 Re: Lost Check in reply to 37chief, 03-19-2008 19:54:28  
I would think if the guy was reasonable he would check his records to make sure that the check wasn't cashed (in case it was lost and picked up by someone else and cashed). In the case that it wasn't cashed I would think a reasonable person would put a stop payment on the check and simply issue another one.
Been down that road on both sides....

Rod



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Joe from MN.

03-20-2008 06:27:44




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 Re: Lost Check in reply to 37chief, 03-19-2008 19:54:28  
These guys are sure right for advise -- I have to add one more thing --- have Proof you did the Job for him --- then ask him if he would like to visit with you on Judge Judy Court -- or your local Small Claims Court --- he then has to pay the Court Cost and the cost of the Job ...



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37chief

03-20-2008 08:09:33




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 Re: Lost Check in reply to Joe from MN., 03-20-2008 06:27:44  
Proof was the job was approvied by the Fire Dep inspector, and his brother paid his half of the bill. Might try one more time, then if he doesn't pay I will just let it go. First time in 13 years isn't too bad for not receiving pay. I didn't want to do the job again anyway, as the job is about 30 miles away. stan



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El Toro

03-20-2008 08:29:26




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 Re: Lost Check in reply to 37chief, 03-20-2008 08:09:33  
I would go visit and talk to him. If he doesn't want to issue another check I would take him to civil court. Since there's no cancelled check he can't prove he paid you. Hal



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soundguy

03-20-2008 05:07:16




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 Re: Lost Check in reply to 37chief, 03-19-2008 19:54:28  
If you get no response on the 2nd request for a check, then offer it a 3rd time .. this time with you reducingthe bill byt the amount of stop payment fee. if he is a reasonable person.. and hte stop payment fee is paid for, he should go for it.

soundguy



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Jerry Coulter

03-20-2008 14:24:57




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 Re: Lost Check in reply to soundguy, 03-20-2008 05:07:16  
If this drags on for a while, you can save the stop payment fee. According to the Uniform Commercial Code, a check becomes stale dated after 6 months.



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soundguy

03-20-2008 20:12:28




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 Re: Lost Check in reply to Jerry Coulter, 03-20-2008 14:24:57  
Good point.

soundguy



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davediehl@hotmail.com

03-20-2008 04:58:18




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 Re: Lost Check in reply to 37chief, 03-19-2008 19:54:28  
Asking for another check, less the fees is not unreasonable. But, you should also understand that you did in fact accept full payment. He's no longer obligated once he hands over payment. If he wants to be a horses behind, you are out the full amount. In the eyes of the court system, he has made full payment.



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Big Hunter

03-20-2008 04:27:58




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 Re: Lost Check in reply to 37chief, 03-19-2008 19:54:28  
Ask him how much it will cost for him to have his bank put a stop payment on the first check. then lower your new bill to him accordingly. You would be paying for the mistake and he would only be taking the time to write another check.



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jose bagge

03-20-2008 04:02:58




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 Re: Lost Check in reply to 37chief, 03-19-2008 19:54:28  
I'd call him again or stop by and explain- maybe even offer to discount to $150 under the assumption that something is better than nothing.
Business should be built on relationships, and if this is good business, then the relationship will prompt this guy to cut you a check.
Otherwise- recognize that the business relationship is poor, and don't cut for him this year. When he asks why, cite the check issue. You might find a check forthcoming then.

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IaGary

03-20-2008 03:49:48




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 Re: Lost Check in reply to 37chief, 03-19-2008 19:54:28  
Same thing happen this winter to me on a snowblowing check.

Wasn't that big of check.

If the guy notices I didn't cash it and writes another that will be great.

But I'm to embarrassed to ask for another.

It happens.

Gary



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Allan In NE

03-20-2008 04:48:48




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 Re: Lost Check in reply to IaGary, 03-20-2008 03:49:48  
Amen to that!

Kinda like, "Who messed my pants anyway?" :>)

Allan



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IaGary

03-20-2008 05:08:34




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 Re: Lost Check in reply to Allan In NE, 03-20-2008 04:48:48  
Heard the washing machine running and remembered putting the check in my pocket.

By the time I opened the washing machine door it was to late.

Didn't even say anything to the wife.

I know better.(:~})

Gary



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Bendee

03-19-2008 23:04:59




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 Re: Lost Check in reply to 37chief, 03-19-2008 19:54:28  
I would try the personal approach and drop in,easier to explain.[again]



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none needed

03-19-2008 20:03:27




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 Re: Lost Check in reply to 37chief, 03-19-2008 19:54:28  
give him a few days, maybe hes slow like me, lol most people will understand it & issue u a new one after a few weeks to make sure old one dont come in from someone who might have found it & try to cash it on ya, if not & you call him later & he says no, well i guess you wont be mowing for him this yr now will ya...



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Davis SC

03-19-2008 20:25:40




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 Re: Lost Check in reply to none needed, 03-19-2008 20:03:27  
Normally, in a case like this, assuming both parties are reasonable, this is the way it is handled.. Since you did get the check, if the person that wrote the check wants to issue a stop-payment on the lost check, he has the right to deduct that fee from the amount of the new check he writes to you.. I have been on both sides of this scenario, and fortunately, there was always enough trust between parties, not to worry about issuing a stop-pay.

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KEH

03-20-2008 04:42:25




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 Re: Lost Check in reply to Davis SC, 03-19-2008 20:25:40  

Dealer lost a large(for me) check on a machinery purchase. I noticed the check had not cleared. I talked with him and stopped payment on the first check at his expense, wrote him another check.

KEH



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Vern-MI

03-20-2008 06:38:53




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 Re: Lost Check in reply to KEH, 03-20-2008 04:42:25  
Same thing happened to me with the purchase of a new Crown Vic. Dealer called and talked to me about their error and I offered to cut a new check. He said thanks very much and gives me free oil changes now. A lot can be done in person or on the phone that can't be done with letters or in courts and it is much easier on the stress levels.



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