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  1. #1

    Default Stopping Payment on a Check After Services Are Rendered

    My question involves independent contractors in the state of: Arizona; I am a Gov't contractor designated to conduct examinations on individuals seeking the license to operate an aircraft. My business is primarily referral driven. A local attorney contacted me for my services and a date was set to conduct the evaluation. An evalution can take up to 5 hours and my fee is $400 regardless of the outcome. I am required to advise the applicant of the three outcome possibilities before I begin the evaluation. One outcome possibility is the issuance of a disapproval. A disapproval is issued whenever the applicant does not meet the published standards set forth by the FAA. Those standards are in writing and fully available in advance for the applicant as part of their training literature. I then accept cash or personal check and begin the process. This applicant received a disapproval during the ground/oral portion of the evaluation. About 4 hours later I received a phone call from this applicant/attorney attempting to renegotiate the terms of the contract citing he did not receive the services he agreed to. Specifically he wanted a pro-rated amount of my fee since the disapproval was issued fairly early into the evaluation. The following day, he put a stop payment on the check. I have filed a Small Claim (Summons and Complaint) and I would like to know what Arizona Revised Stututes can I cite to be best prepared to when I go to court.

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Stopping Payment on a Check After Services Are Rendered

    The statutes are here. I would not expect you to find one that does what you want. You're certainly not going to find one that says your alleged breach of contract is irrelevant to the amount you can charge if you receive payment up front.

  3. #3

    Default Re: Stopping Payment on a Check After Services Are Rendered

    I thank you for the link you provided. I understand that you are saying that no ARS will specifically address my situation but I'm trying to dissect exactly what you wrote. I think you are saying that he wrote the check up front so he understood the terms as I explained to him?? So the fee is understandable the amount regardless now of when the failure ocurred??

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