services rendered. customer stopped payment!

[computervirus]

Other than the expensive route of taking this lady to court,
what would be the best avenue to get paid?

About a month ago, a neighbour knocked on my door because her computer was dead. I was able to restore it back to life, only by reinstalling the operating system - after backing up her personal files (as requested, I have a copy - as she will most likely need them again).

Because she just took a new job, and she is a single mother, I accepted 3 post dated cheques. When I went to cash the first, it came back as stopped. The next two - same story.

Her computer works - and from what I've heard, her only complaint is "You did not load Adobe Flash Player" - which is a free download - and normally does not come with a brand new computer (or one returned to factory specs).

So, a little advice.

Forgive and forget?

Chalk it up to a bad experience and never help a single mother who has just accepted a new job as a nurse delivering babies?

Take punitive actions? (and what does that mean?)

Thank you

[Snoopy2645]

forgive & forget!! Lesson learned if you want paid for something dont deal with friends neighbors or relatives!!!

[Broken Arrow]

Did the two of you have anything written down? A contract of some kind?

How much was the dated checks?

Have you talked to her yet? If so, what did she say?

[Crystallas]

Be a good neibor and do without it. I never charge friends or family for computer work, and I dont think I would charge a neibor in a rut either. Theres no reason to live in a neiborhood where you cant rely on neibors as friends.
If I were you, the next time I saw her I would ask her how she was doing, and be friendly. If she appologizes about the payment, tell her its no problem, you understand how hard it is to live in todays world without a working computer and wish her the best. I mean cmon, you did very low level work, its not like you busted out the soldering iron and replaced her caps and gavce her parts you had lying around(which I also do for for my friends and family for free.)
I know its a service, but were only human. Life comes before money, as much as you require money for life, this isnt jack squat to complain about, and any judge will throw this out if you try to sue her.

[LuckyRobin]

I would at least ask her what happened. She may have been in a bind at the time they would have been cashed but is okay now and is too embarrassed to say anything.

[neatdesign]

She wrote you postdated checks, so if she knew there weren't enough funds in her bank account to cover the checks on those dates and didn't tell you, at the very least she is responsible for reimbursing any bank fees you were charged for her bounced checks.

Like LuckyRobin said, I would ask her what the deal was. She may have been embarrassed for not having enough to cover the checks, but that doesn't mean that you should have to pay for that embarrassment. If she is a decent person she will understand this and try to work something out with you. If she isn't, then it's probably not worth your time and energy to pursue it any further.

~ Jenney

[scrava]

did the checks actually not have the funds to cover them?
Or, did she issue stop payments on those checks?
(2 different things and most banks charge to issue a stop payment)

[computervirus]

Thank you all for your posts.

Its funny actually, to read the responses so far.

Apparently, you all seem to forget what I do puts bread on my table.
I fix computers for a living - not for charity.

If the same woman had called upon someone from outside of the neighbourhood - say called the Geek Squad - who charge over $120 an hour - Would it be ok if she stopped payment on their checks?

Do you really think I am the only one not getting paid by this lady?

No. Your responses are right out of line.

And worse yet: Because it costs you only your time to type, its very easy for people to say "heah, forget it - be nice - go ahead and give away your services to everyone - why accept money for what you do for a living?"

People, get real.

You are correct, however, in assuring me that investigating my clients BEFORE performing services is indeed good advice. Had I known up front about this lady I would never had accepted 3 useless post dated cheques.

But as you say,
Live and Learn.

Thank you all again.

[computervirus]

Originally Posted by scrava

did the checks actually not have the funds to cover them?
Or, did she issue stop payments on those checks?
(2 different things and most banks charge to issue a stop payment)

The bank confirmed there was money in the account.

The three cheques had "stop payments" issued.

Funny you should ask about the charges !!!

The bank charges $30 per stop payment - $90 total.

My charge to back up personal data (still on a hard drive, if she needs her data and pictures again) and to reinstall the operating system
- is $180

So, this lady SAVED HERSELF $90 (180-90=90).

She does not have the decency to do more than hang up when I call.

Any other advice?

[poundwise]

I don't know what the specific rules are in your area (I noticed the 'u' in neighbour, etc.), but ordinarily you don't need a written contract when you have, in-hand, three signed checks. That indicates an agreement to pay for services. If services were rendered accordingly, and there aren't extenuating circumstances, then what you have in your situation is a form of fraud.

Based on what you've stated, I would probably not pursue it myself; simply due to the amount and the time and effort required to pursue it. However, that is certainly your perogative.

Unfortunately, according to this site...
http://www.ckfraud.org/faq.html

"...a check which was dishonored because payment was stopped, and not because of insufficient funds, may not be prosecuted criminally."

Your only recourse then would seem to be to take her to small claims court.


PS: Also, I'm pretty sure your post above will be edited by a moderator. You accomplish nothing by posting this woman's personal info like that.

[msnln]

This reminds me of story I read in NY times a while back where this guy used internet to get people to help him retrieve a lost cell phone. Here is the link (you might have to sign up to NY times website) :

http://www.nytimes.com/2006/06/21/ny...EL2M52cBaeP+PA

I think it is absolutely wrong for this lady to scam to get free service and then intentionally stop payment. Computervirus did her a favor by taking post dated checks and waited until she was back on her feet. I say we start a letter writing campaign to get this lady to pay, and Computervirus should consider other resources available, like telling her that he will turn the checks over to collections or something in that line.

I used to have online business and customers like that really p***ed me off. Anyway, I am going to write an email to this woman and let her know what I think of what she had done.

[sweeps]

Originally Posted by msnln

I used to have online business and customers like that really p***ed me off. Anyway, I am going to write an email to this woman and let her know what I think of what she had done.

How do you know that the OP isn't lying and is simply attempting to harrass or stalk this woman? We haven't heard the other side of the story.

[msnln]

Hmm.. I guess moderator deleted personal information b/c now I cant find the email address any more and I did not get to sending that email yet! CV, if you would send her email address, I would follow up on my above comments and I think other members of this board should do so as well.

PS. Another option might be to post her personal file information all over the web. (Am I being too evil here?)

[msnln]

Good point Sweeps. CV, why don't you post scans of her checks on a website. While you are at it, why don't you just make a webpage out of it and link to this site. That way, we all know your issue is legit and I will barrage her email and give her piece of my mind.

[sakigt]

Sorry if most people assume "neighbor" means you were making a deal for her.

So your CLIENT made a stop payment on a check. Thats no excuse for not owing it (so I could stop payment my mortgage checks and not be responsible for them? lol...i wish)

Send a certified letter then take her to court.

[greedy4chips]

I don't believe posting stuff/personal information around the web will solve your problem. Even if she does pay because you posted all her information, then what do you do? Remove it, but wait its too late it could have fallen into the wrong hands by now.

I would politely speak with her and let her know that the payment did not go through and see what her response is. If she blatantly lies or slams the door in your face, then proceed with small claims court...afterall you have $180 in services rendered.

She probably slams the phone on many debt collectors, that is why I would take the face to face approach. Ask her for $20 per month or perhaps she could do something for you of equal value in return like yardwork, cleaning the toilet, etc.

[Albies5]

just take her to small claims court- either she'll pay up for not wanting to be sued - or youll go to court- she obviously knew you charged a service fee because she wrote you checks-- and then stopping payment? this is NOT ok-- i understand this woman may have had financial issues- but that doesnt mean she doesnt have to pay someone for services! id say maybe work on a payment plan like 25 bucks a month- but she obviously cant be trusted- taker her to small claims court- youd for sure win!

[Cheetahwoman7]

Just an FYI, even if you get a judgement in small claims court doesn't mean she'll ever pay you. I had to take a guy to court for the opposite of what happened to you. I had paid him to install a sprinkler system and lawn in my front yard and he took off with the money, never finishing the work.

The judgement was in my favor, but here it is 5 years later and I don't have a dime of my $ back!

The worst thing is, I still see him around AND HE'S STILL DOING YARDS!!!!! Wonder how many other people he's ripped off?

[Daymon]

Originally Posted by computervirus

Thank you all for your posts.

Its funny actually, to read the responses so far.

Apparently, you all seem to forget what I do puts bread on my table.
I fix computers for a living - not for charity.

Then why did you ask if you should forgive and forget? Seems you already have the answer to your question. You could always take her to small claims which isn't all that costly, just time consuming. Your post dated checks are of course your evidence.

[txjman]

I agree with Daymon, you already had your answer, you were just looking for confirmation.

I also agree that you shouldn't forgive and forget. I think you should take any possible action to regain your money, as long as it costs less than $180.

At the same time you have to understand that these situations are a part of doing business. If this is the first time, count yourself lucky. My father-in-law (and father for that matter) run into people who aren't willing to pay on a weekly basis.

msnln,
I would do nothing more than give advice. I think you are treading on dangerous ground contacting this women.