Legal Question in Construction Law in California
Contractor Bounced Check
Our Contractor bounce a check to pay for a foundation pout that we payed him directly for. We then had to write a check directly to the company to avoid a lean placed on our home.
Question: We are in the process of removing him from the job altogether for various reasons, but are we allowed to lock up his property, (tools), until he re-emburses the money he now owes us because we double paid that bill?
2 Answers from Attorneys
Re: Contractor Bounced Check
Courts and law enforcement tend to look down on using self-help methods like that. You are better off by filing a complaint with the Better Business Bureau, making a claim on the contractor's license bond and filing a complaint with the Contractors State License Board. Depending on the amount owed, you might consider going to small claims if the amount is less than the new $7500 small claims limit individual plaintiffs. If the amount is more than $7500, you may want to hire an attorney. Better yet, withhold money from his next payment.
Re: Contractor Bounced Check
Who has the bounced check now? Whoever is stuck with the loss on a dishonored check can sometimes get triple damages. The check itself could have value as evidence, or use your bank records. First, you should find a copy of the Civil Code on line or at a library, and read section 1719 dealing with dishonored checks. Then cann your local District Attorney's office to see if they have a program for assisting victims of bad checks -- some counties go after this more aggressively than others.
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