Consumer Law, Warranties Can I be sued?

[Burkodyma]

I had a "friend of a friend" install our new air conditioning. He has his own a/c business. We had a verbal agreement that we would give him a check upfront for the work, however he needed to wait 4 days to actually deposit the check. We were waiting for a paycheck to be deposited in our account. He agreed, yet went to the bank and deposited the check the next day. He thought it would take a few days to clear. He was wrong, and the check bounced. We have offered to write a new check. But he will not respond. I fear he is consulting his attorney. Can he take us to court, even though we are still offering to pay?

 

[presutin]

You can contact him via phone, email or letter asking him to resubmit the check and telling him that you would like to pay for the NSF fee he incurred OR you can send him a new check and cancel the old one (let him know that you are doing that). That should clarify any misunderstandings. Good Luck!

 

[Burkodyma]

No, my check to him bounced. He did the work, I wrote him a check for the work. He tried to cash it before our agreed upon time. Instead of accepting a new check from me, I think he may try to take me to court. Can he do that if I am still trying to pay him? He will not return any of our calls.

 

[presutin]

I understood that the check you wrote bounced and that you are trying to remedy the situation by trying to contact him. Since he is not returning your calls, call the friend and ask him to help you locate him or to help you with another mean of contact so you can ask him to resubmit the check that bounced and offer to pay for the NSF fee. By showing him that you want to rectify this situation, that indicates that you are not trying to stiff him up... If he doesn't want to resubmit the check, he will let you know if you should write him a new check or not. It is up to you to keep trying to resolve this situation by making an effort to locate him and ensure that he is paid for the services he provided you with. Again, call the friend who you got his name from to help you locate him. After all, he gave you the lead. Good Luck!

 

[mannymandy]

Yes I agree with pres, you really have to extend more efforts in locating the a/c contractor. This will show your earnest effort to make good your obligations and probably will make everything work in your favor whenever litigations may come.
There is a big possibility that you will be sued for the effects of the bouncing of the check, but you can have a good defense. All you can do right now is to do the thing as advised and try to investigate on what possible move the contractor have wage. In order for you to feel light and ease, you can confer with an attorney in your area to give you relevant information regarding this matter.