Legal Question in Banking Law in New Jersey
I hired a contractor, paid with a check. When the asphalt was dry we figured out the job was a mess, pot holes in 24 hours, etc. I spoke to contractor the next day, told him not to cash the check as I had stopped payment, and to come back and fix the job. He cashed the check, never came back, and now check cashing place is threatening to sue. In NJ if that matters....
2 Answers from Attorneys
The check agency may have rights as a holder in due course. However, you should not assume that this is the case. The entire issue should be resolved in own suit in which the contractor is also a party.
You may be able to get some help from other parts of the law if the contractor does not have a Home Improvement Contractor's License.
My firm handles matters of this type. If I can be of further help to you, call or email.
See also: http://info.corbettlaw.net/lawguru.htm
You have a fight on your hands, and should be pursuing the contractor for his poor work. The check cashing business might sue you, so you need to get some legal advice. I would be happy to assist you.
Robert Davies, Attorney 201 820 3460
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