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  1. #1
    Join Date
    Feb 2009
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    3

    Default Should I Make Check Payable to Individual or His Company

    My question involves a consumer law issue in the State of: NC

    I hired a month-to-month lawn care service which went by a business name. The principal has asked me to make my my payment checks payable to him personally, not to the business. Should I do so?

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Should I Make Check Payable to Individual or His Company

    who did you hire? that is who the payment should be made.

  3. #3
    Join Date
    Feb 2009
    Posts
    3

    Default Re: Should I Make Check Payable to Individual or His Company

    His price quote and invoices state "XYZ Lawn Care" so I assume I hired "XYZ Lawn Care," not John Smith. I assume his liability insurance and such is in the name of "XYZ Lawn Care," so I want to make sure my payments (should I make my checks out "John Smith") don't mess up my connection with the correct legal entity. I think the guy is going trough a messy divorce and wants to hide his business income . . .

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Should I Make Check Payable to Individual or His Company

    and you want to get involved with his divorce?

    one reason I would make it payable to the business; since you had a contract with the business, if you cannot show you paid the business, this guy could claim you never paid the business (and attempt to sue you for an unpaid bill). Additionally, should you have problems with the work and seek some sort of warranty or refund, if you went to court, how would you show you paid the company bill and deserved any redress?

    one more thing; are you positive this guy owns the company? I have seen employees of companies pull this exact scam.

  5. #5
    Join Date
    Feb 2009
    Posts
    3

    Default Re: Should I Make Check Payable to Individual or His Company

    Good points and a very good question. Do you know how I would find out if he owns the company? Other than the day labor he hires to help him out, I think he's pretty much it (no partners or co-owners).

  6. #6
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Should I Make Check Payable to Individual or His Company

    personally, I wouldn;t get that involved. If I called XYZ company, recieved a quote from XYZ company and subsequently told the salesman/contact to go ahead with the work, that person is a representative of XYZ company. Now he may be the owner, maybe not but honestly, I'm not going to spend the time to figure it out. I hired XYZ comapany and that is who I am going to pay.

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