Legal Question in Business Law in Florida

A customer stopped payment on our check

We provided a service to a customer. The job was done well. The price was agreed upon before job was done. Customer stopped payment on check after he gave it to us because he decided he wanted the job done differently. I have a credit card number on file for this customer. Is it legal for me to charge it?


Asked on 1/06/09, 5:43 pm

1 Answer from Attorneys

Hunter Chamberlin Chamberlin Butler & Crowe, P.A.

Re: A customer stopped payment on our check

There are a number of issues. The stop payment is a major one. Handled properly by an experienced attorney, this may result in a judgment for four times the face value of the check, plus attorneys fees and costs. There is a Florida statute which governs this process, and it must be followed exactly in order to be effective.

As for the credit card, whether or not you can charge the card depends on the documents executed between your client and you. However, the fact that you have a credit card leads me to believe that the client at least gave an implicit authorization to have his card charged. However, I would need to look at the documents to verify that.

Please contact me if you would like to discuss this further. I would be very interested in discussing your case with you.

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Answered on 1/06/09, 5:49 pm


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