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Irwin Law
Irwin Law, Attorney
Category: Landlord-Tenant
Satisfied Customers: 7416
Experience:  Attorney 35 years extensive and active real estate practice; represents both landlords and tenants
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I had a house fire, a company (ServPro of North Central

Customer Question

I had a house fire, a company (ServPro of North Central Mecklenburg County) that my wife requested came in and assessed the damages, and my homeowner insurance company agreed to pay for clean-up and repaired. However, this company didn't do a quarter of the things they promised, or listed that needed to be done. When my wife and I questioned the ServPro representative, she stated that it wasn't necessary to do a new quote, and that they would reduce the present bill, so we could use the remaining money to take care of repairs ourselves. ServPro wrote us a check for $1770.00, when we deposited that in our bank account, they(ServPro) then stopped payment on that check. Which caused our checking account to be placed in the red. We hadn't had their (ServPro) last check returned from our mortgage company yet, so when it did come in we deposited the check into our bank account, which was for $4700.00. Now ServPro is trying to file suit for the remainder of the balance, which is $3100.00. I feel that they violated our contract by stopping payment on the check, and we don't owe them a dime.... What's your opinion, and what should be my next course of action????
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Christopher B, Esq replied 1 year ago.

What is their reasoning that you owe them the $3100? Has any new evidence come to light? How much were the repairs and did you ever have any paper work stating what they agreed to cover?

Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Christopher B, Esq replied 1 year ago.

I do not provide the phone call service as it could affect my membership in my state bar association. If you would like, I can opt out and open up the question to other experts.

Customer: replied 1 year ago.
Ok, opt out and allow someone to answer.
Expert:  Christopher B, Esq replied 1 year ago.

Ok, good luck.

Expert:  Irwin Law replied 1 year ago.

Hello. Another expert here and I will try to assist. Apparently, ServPro has not yet been paid anything for the work that they did. I suspect that they may have stopped payment on their check because they had not received the insurance money from your mortgage company, and they felt that the check to you was premature. From the information that you provide here, just doing the math indicates that you still owe them approximately $3000, and the balance of $1700 would be yours to keep. Have you made that offer to ServPro? For whatever it's worth, that would be my next course of action.

Expert:  Irwin Law replied 1 year ago.

I hope that this ANSWER is helpful and that you will now enter a positive rating so that I will be credited for assisting you. Thanks for using JUST ANSWER.