Legal Question in Credit and Debt Law in Maryland

Home Improvement Nightmare

I recently received a letter from a debt collection attorney conserning a check I had placed a stop payment on back in Oct. of 2004. It was a check issued to an idividual that I had hired to paint the exterior of my house. I had conserns about the workmanship and some of the methods being used and his reliability to complete the job. When I brought up these conserns to this individual he basically told me that if I was not satisfied with work he would return the check and I could find someone else to finish the job, which we mutally agree to do. When he did return the check as promised, I placed a stop payment on the check, which lasted 6 months (May of this year) up until that time the check had not been presented for payment. I placed another stop payment on the check at this time and finally closed the account in late June because I did not want this individual to have my bank account information.

Do I need to provide the proof of stop payment to the debt collection attorney to prove that this debt is not valid?

The letter states that the check was returned due to insufficient funds, although my bank has no record of the check ever being presented for payment.

The big question is do I need an attorney?

1 Answer from Attorneys

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