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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33734
Experience:  Began practicing law in 1992
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I had some flooring done in my home. The ...

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I had some flooring done in my home. The contractor did not finish the job. I did not have a contract and did not sign anything. It was just a verbal estimate. I sent him a cheque and letter for full payment by registered post July 1 and to this day he hasn''t picked up that letter. He is refusing to go and pick up the letter at the post office and is threatening to take me to court if he doesn''t get his payment by August 4th. What are my legal rights concerning this ? Should I cancel the original cheque and send him another one via regular mail ? Am I allowed to deduct the cost of cancelation of my original cheque? I had to take someone else to finish the job.
Submitted: 9 years ago.
Category: Legal
Expert:  Dwayne B. replied 9 years ago.
If you sent him the letter and the check by registered mail just send him a regular letter and tell him it is there for him to pick up. If he sues you counter sue for frivolous filing and for the extra amount you had to pay to have hte job finished.

I don't think you can withhold the cost of cancellation of the original check.

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