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Zoey_JD, Criminal attorney
Category: Fraud Examiner
Satisfied Customers: 23524
Experience:  Active member of the NYS bar since 1989
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We called an upholsterer to come to.our home to give us an

Customer Question

We called an upholsterer to come to.our home to give us an estimate to rehupholster a sofa and lovesest. He wouldn't leave when.I told him that my husband and I never make a quick decision when spending significant money. He wore us down and we relunctantly placed an order and.ended up giving.him a check for.$2500. That evening I told my.husband I felt we made a mistake and wanted to cancel. He called the bank and
found out he cashed the check immediately after leaving our home. So we were stuck. Well it's been over 2 months. He doesn't answer our calls and apparently has not ordered the material. I have learned through facebook that this has happened to other people and they basically lost their money..What can we do?
Submitted: 1 month ago.
Category: Fraud Examiner
Expert:  Ben Jones replied 1 month ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 1 month ago.

I do apologise. I have just realised you are not based in the UK. I will opt out so that another expert can assist you. Many thanks

Expert:  Zoey_JD replied 1 month ago.

I'm a US legal expert.

Unfortunately, you paid by check and he's already cashed it. So you get no buyer protection through your bank. That's not to say that you don't have legal remedies, however.

You could report him to the police and see if they will be willing to have him charged with fraud, since it's arguably clear from the facts you've given that he never intended to buy the material or do the work.

If the police tell you that this is a civil matter because you'd contracted for work with him, they will not arrest him for his fraud. You would have to hire a lawyer and sue him or take him to small claims court where you could save yourself the legal fees.

Expert:  Zoey_JD replied 30 days ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.