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  1. #1
    Join Date
    Nov 2016
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    6

    Default What to Do if a Client Stops Payment on a Check

    My question involves collection proceedings in the State of: Virginia

    I pet sat for a former co-worker of mine. I told her and I have the text that I charge $35 a day to take care of 2 dogs. That is very inexpensive for two dogs. I told her I stay at people's houses. I never said I stay at the house all day long. On a Tuesday one of my days off she texted me she was upset with how long the dogs were being left home alone ( I was taking care of errands on my day off). I had checked on them 3 different times and had walked the one dog I was supposed to walk twice. I explained to her that it was a misunderstanding and that I didn't realize I needed to be there all day and that I thought the dogs were fine (they were). I have pet sat for numerous clients and they have been beyond happy with my services of walking them and letting them out. I have never been expected to be there all day. She said (through text) she was sorry for the misunderstanding as well. I asked her if she wanted me to drop them off at a doggy daycare that she had used before. She said no; she hadn't budgeted for that and it was be more expensive. I told her I would be over there more the next day (my second day off) even though I am not a fan of just sitting around.

    The following day I was there from 10 am -4 pm and I walked her dog on two 45 minute walks. The following morning I walked the dog on another 45 minute walk and went to work at the time I needed to leave. That evening she tells me she got a flight home and is coming home early (2 days earlier). No prior warning or discussion. She asked me through text how much she owed me. I said $195. I took a friend with me to her house to get my things and the check because at this point I think she is mentally off her rocker. My friend sees her write the check and leave it on the counter. It is signed to me and in the area for what the check is for it says pet sitting.

    The next day we have an argument over the phone and I blocked her from all forms of contact. I already deposited the check and never thought shed stopped payment on it. A week later she stops payment on my check that had already been deposited into my checking. It took the money back out a week later. I then emailed her and she said she had called and texted me (which I did not get). I tell her she still owes me the money. I was at her house for 5 days and took more than adequate care of them. She is refusing to pay me.

    I plan on taking her to small claims court. With the text of her saying is check fine and the friend that I have that was there when she wrote a check do I have a clear case in small claims court? I told her even if she paid me just minimum wage for every hour I was at her house I deserve the amount the original check was for. $195.

    I know I should have taken the check to her bank but I never knew she would have acted this crazy.

  2. #2
    Join Date
    Dec 2009
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    Lake Chapala
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    3,043

    Default Re: What to Do if a Client Stops Payment on a Check

    There's no way for us to know if you'll be 100% successful in small claims court. Your case sounds good, but that's all we can say. The only way for you to find out for sure is actually attend your small claims court case.

  3. #3
    Join Date
    Nov 2013
    Posts
    7,056

    Default Re: What to Do if a Client Stops Payment on a Check

    Before you go to small claims court, take whatever information you have from the bank to your local police and speak to a detective . It is a crime of check fraud and larceny to stop payment of a check used to receive goods or services rendered. One call from the police to inquire will likely get you another check.

  4. #4
    Join Date
    Jul 2010
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    8,006

    Default Re: What to Do if a Client Stops Payment on a Check

    Quote Quoting budwad
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    Before you go to small claims court, take whatever information you have from the bank to your local police and speak to a detective . It is a crime of check fraud and larceny to stop payment of a check used to receive goods or services rendered. One call from the police to inquire will likely get you another check.
    The police, unless it's a sleepy little town, are 95% likely to punt this as a civil matter.

  5. #5
    Join Date
    Mar 2013
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    18,340

    Default Re: What to Do if a Client Stops Payment on a Check

    Quote Quoting free9man
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    The police, unless it's a sleepy little town, are 95% likely to punt this as a civil matter.
    Agree.

    VA appears to have no criminal statute covering stopping payment when a dispute is involved. The criminal statute requires intent to defraud when writing a check for which the writer knows there is no money or account to back it up.

    18.2-181 through 18.2-185:

    http://law.lis.virginia.gov/vacode/title18.2/chapter6/

    As a civil matter, penalties are addressed by 8.01-27.1 through 8.01-27.3:

    https://www.lawserver.com/law/state/...er_3_article_2

  6. #6
    Join Date
    Nov 2013
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    7,056

    Default Re: What to Do if a Client Stops Payment on a Check

    VA prosecutes under § 18.2-178 for a stop payment after receiving goods or services rendered.

    Obtaining money or signature, etc., by false pretense



    A. If any person obtain, by any false pretense or token, from any person, with intent to defraud, money, a gift certificate or other property that may be the subject of larceny, he shall be deemed guilty of larceny thereof; or if he obtain, by any false pretense or token, with such intent, the signature of any person to a writing, the false making whereof would be forgery, he shall be guilty of a Class 4 felony. 
    It can't hurt and cost nothing to report it to the police.

  7. #7
    Join Date
    Jul 2010
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    8,006

    Default Re: What to Do if a Client Stops Payment on a Check

    Quote Quoting budwad
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    VA prosecutes under § 18.2-178 for a stop payment after receiving goods or services rendered.



    It can't hurt and cost nothing to report it to the police.
    That statute doesn't appear to have anything at all to do with a stop payment. Even if it did "with intent to defraud" would stop a prosecution in it's tracks unless OP can prove that the client never intended to pay.

  8. #8
    Join Date
    Nov 2013
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    7,056

    Default Re: What to Do if a Client Stops Payment on a Check

    You wouldn't think so but that is what they prosecute under.

    For example:

    http://scholar.google.com/scholar_ca...08371070321696

    Besides, the bargain was struck when the check was written. The check cleared the bank and only after some argument did she reverse the payment. You don't think that is evidence to gain something of value without paying?

  9. #9
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: What to Do if a Client Stops Payment on a Check

    Quote Quoting budwad
    View Post
    You wouldn't think so but that is what they prosecute under.

    For example:

    http://scholar.google.com/scholar_ca...08371070321696

    Besides, the bargain was struck when the check was written. The check cleared the bank and only after some argument did she reverse the payment. You don't think that is evidence to gain something of value without paying?
    Yes, something of value was gained without paying.

    However, there appear to be some differences between the Austin case and our OP's customer.

    The appellate court upheld Austin's conviction because it found, in part, that there were two such incidents in proximity to each other and there was evasiveness on the part of the check writer. I think that, without those two factors, Austin might have been acquitted.

    The appellate court also cites Regent where the defendant's conviction was overturned and remanded for a new trial. The factors included a dispute about the goods purchased and that the stopping of the check at some interval after it was written. Regent's situation is more similar to our OP's situation where the appellate court found insufficient evidence of intent to defraud.

    http://scholar.google.com/scholar_ca...=en&as_sdt=806

  10. #10
    Join Date
    Nov 2016
    Posts
    6

    Default Re: What to Do if a Client Stops Payment on a Check

    Thank you. I will be talking with the police soon. She has emailed me she cancelled the check after the argument.

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