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AttyHeather, Lawyer
Category: Legal
Satisfied Customers: 512
Experience:  15 years law practice experience
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We own a small business. My husband and s co- worker spent

Customer Question

We own a small business. My husband and his co- worker spent two days replacing and installing a new airconditioning condensing unit and 5 new thermostats, in a man's million dollar home here in Massachusetts. He is a CEO. After the work was agreed upon and the price agreed on, the job started. My husband got a bad feeling from this man because he was cagey about writing out the first check. But he did give one check for 1,500. The next day the job was finished and 1,925 was due. The man said he would pay the next day and could pick up the check from his wife. The next day they went to the home, got the second check for 1,925, they asked her how the new ac was working and she said great. She also signed the contract which states that if services not paid for, legal fees and interest would be applied. This check was deposited also and then a few days later we noticed that the checks had been returned. We called the bank to see why they didn't clear and they said that the home owner had put a STOP PAYMENT on the checks. We never recieved calls saying that the ac wasn't working. They had our phone number and email address which communication had been sent before and there was no contact. I asked my husband if we should just call them and he said no, he did this deliberately and he had a bad feeling about this customer from the start. He knew what he was doing. Now we are paying in full for this millionaire to have a brand new ac system. He must know we will go to small claims court, so he must have something up his sleeve with that too. What do you recommend that we do? Can we publically shame him? Or will that hurt our court case. I am unsure if his wife even knows that he stopped payment on the checks. But her name is ***** ***** sheet so we would go after her too. He is a prominent, affluent business man.
Submitted: 3 months ago.
Category: Legal
Expert:  AttyHeather replied 3 months ago.

Hi, I'm Heather, an attorney with 15 years experience and I'd like to assist for informational purposes.

I wouldn't publicly shame him, as that doesn't do much to help your case against him. You should sue him in small claims for the amount due plus your legal fees. In many jurisdictions, you can put a mechanic's lien against the house and that is an option as well. Has that answered your question?

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