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Customer canceled check for wrap

Discussion in 'Vehicle Wraps' started by bayviewsignworks, Oct 17, 2012.

  1. We did a wrap on an old trailer and the client wasn't happy about the job. We spoke on the phone and said we would work with them to fix it but the canceled the balance check as we already had a deposit. Should we go to small claims to get our money?
     
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  2. TheSnowman

    TheSnowman Major Contributor

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    Depends...why wasn't the customer happy? If you botched the wrap job, I wouldn't pay for it either if you had a deposit. Show us pictures.
     
  3. Gino

    Gino Major Contributor

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    There are a lot of variables.

    Main one being..... do you think the truck left in a professional manner.... or do you agree with him, since you were willing to work with him ?? You've kinda given the notion that you are in agreement with him, unless he's just being unreasonable.

    Most DJ's will want to know why the customer is unhappy. Since you were willing to wheel and deal, it will look as though you didn't produce what was expected and might have to give the deposit back, also.

    You've got to be careful when not pleasing the end-user.
     
    Last edited: Oct 17, 2012
  4. natedawg9640

    natedawg9640 Member

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    first guess would be that OP did what he could with the "old trailer"... maybe it looked like crap due to the condition of the trailer?
     
  5. Pat Whatley

    Pat Whatley Major Contributor

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    Call your district attorney's office. They can't just cancel the check because they aren't happy.
     
  6. We made one big mistake as far as placement but I thought we did a good job on paneling, registration and there were fold up doors on three sides - it was a hard project. But yeah, we're definately living and learning on this one. We were dealing with an employee and he gave a verbal go-ahead on the phone. He picked the trailer up at our shop and was thrilled with it - even with the problems that showed him were our fault. Second check arrived few days later then we get a call from the owner and he's pissed, worst wrap he's ever seen - blah blah. Then the canceled check thing arrives in the mail. So going forward we speak to the big cheese and always have the rivots, paneling 10-10 discussion - BEFORE we do the job.
     
  7. Gino

    Gino Major Contributor

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    I never knew this. Why not ??

    If someone is unhappy and cancels it within a certain time frame, I thought it was alright, unless it's for stoopid reasons.
     
  8. JR's

    JR's Very Active Member

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    :thumb:
     
  9. JR's

    JR's Very Active Member

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    It is not illegal to cancel a check if you have lost the check or your check book was stolen. However, if you cancel a check after you have written a check for payment for something there will be legal issues brought on.

    But let me state I am not a lawyer, or play one on television and I did not stay at a Holiday Inn last night. ;-}
     
  10. Pat Whatley

    Pat Whatley Major Contributor

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    The check is a legal contract and once given to the recipient, and accepted by the recipient there are specific procedures that must followed to void it.

    I'm sure the law varies state to state but in Alabama cancelling a check, even if you're unhappy with the work it paid for, is pretty quickly handled in small claims court. The person writing the check must pay THREE TIMES the face value on the check. From what I understand the reasons the check got cancelled don't even enter into the equation and the typical case, if it even makes it before the judge, takes only a couple of minutes. The law is pretty specific. Proper legal procedure for them, once they'd given the sign guy the check, was to first work with him to correct the problems then if no resolution could be reached they can sue for damages.

    By the way, it's a criminal matter and not a civil manner. At this point I'd personally make one more good-faith attempt to correct the problems but insist on full payment. If they don't agree get on the phone with your friendly local district attorney.
     
    Last edited: Oct 17, 2012
  11. Techman

    Techman Major Contributor

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    Sorry Gino.. there is no room in the law for this type of dispute when using a check.


    Right on Pat. In most states.
    The only way someone can stop payment on a check and win is:
    If nothing of value was transferred. Or a failure to execute.
    Since you installed the wrap. You performed the work. The work was executed. It does not meet this test.

    This person owes you the money for the check, the penalty, plus costs. All you have to do is pursue it. In many states the penalty is twice the face value. As Pat stated it is three times in his state. ITs an easy win. In many places a JP can handle it. In others the court house handles it in an informal hearing.

    You will win it.
     
  12. Coloradosigns

    Coloradosigns Major Contributor

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    They cannot just cancel the check. Why not just call the customer, tell him You will be more than happy to fix the mistake you made, and then at that point collect the check again, once you completed the job CORRECTLY.
     
  13. sar bossier

    sar bossier Very Active Member

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    What about credit cards? Can you cancel the payment on a wrap if you are not happy with the results?:popcorn:
     
  14. CheapVehicleWrap

    CheapVehicleWrap Very Active Member

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    Sorry folks free is just too darn cheap. IMHO of course.
     
  15. Fanaticus

    Fanaticus Member

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    ..
     
  16. ucmj22

    ucmj22 Very Active Member

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    I cancel checks aaaaaaaaaaall the time! once I was at Walmart and bought a TV with a check. It wasn't as bright as I wanted so CANCELED! Heh heh heh... suckers
     
  17. bob

    bob Major Contributor

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    No you cannot.

    You can dispute the charge with the credit card company but you can't simply cancel payment.

    A charge is disputed by the card user formally notifying the credit card company that, somehow, the purchase was fraudulent and/or did not meet the 'fitness of merchantability' standards inherent in any transaction where goods are exchanged for money. This must be a formal notification, usually a letter explaining the details of the transaction and further what has been done to date to mitigate the situation. An angry phone call does not qualify.

    Using a credit card is very much like issuing a check. It's your promise to pay. Period. Not your promise to pay if you feel like it. Credit card companies are required by law to entertain and arbitrate actual disputes. There is no such law for a check. Writing a check is your promise to pay and if you refuse to honor your promise it can become a criminal affair,
     
  18. WYLDGFI

    WYLDGFI Active Member

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    According to AMEX...A client can pull the funds even if they simply are not happy with the job. There are soo many reasons they can take the funds back from you....and amex will not stand up for you unless the client signed over their first born to you. I have to take a client to court for $3500 for payment when they provided NO proof whatsoever of the supposed problems with the banners. Simply called up Amex and disputed the charges. Originally as Fraudulent....then as some membership basis. Amex wouldnt hear it from me at all.
     
  19. Techman

    Techman Major Contributor

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    Why not return the sneak attack by using the law. The law will return double or triple the face value, and teach the rascal a good lesson.
     
  20. Gino

    Gino Major Contributor

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    So, if I bought something.... anything...... and paid for it by check, it gets delivered and it's not to my suiting, I'm stuck with it ??

    Seriously, I'm not doubting what y'all are saying, it's just that I didn't know a check was that final, if something went wrong.

    So, if you don't get what you want and paid, you're basically screwed, regardless of what the person on the other end might've done to you..... on purpose or by accident ??
     
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