VaBeachFamily
New Member
My ex and I have owned a painting company for a while now. We had a legit Business License in Virginia Beach, VA. On August 2nd, we did a painting job at a discount, and since the man had peoblems with some plumbing and construction, we did about half the work in the original scope, and charged 50%.
He was home the whole time, in and out of every room being painted. After everything was complete, they again did a final walkthrough. They were satisfied, so we wrote them a basic invoice, as we always do for customers, and they payed us by check. We deposited the check. About 2-3 days later, we recieved an email stating that when the daylight was bright, you could see some spots where the accent wall lines or trim needed a little touch-up, and then some places where the walls were " cut in" were a bit lighter than the rest. Well, we will ALWAYS go out and touch up things to fix a problem, but he gave us two options... Give the check back, and he would give us a 2/3 of the amount, or refund 1/3 of the amount.
When we wrote back and told him that we would come out when we had an opening in the schedule and fix the problems, but that the check had been cashed, and we were not in the habit of giving refunds on things that could be resolved with a few hours of time and another visit to his home. He became upset, and put a Stop-Payment on the check.
Now, I get a letter stating that he did, and that my bank has locked all of my accounts, my exs accounts, and our business account until we pay the balance of the check that was not payed. Now, this leaves me with no access to making my car payment, credit card payments, loan payments, and now accruing late fees and over charge fees.
Well, frankly, I do not have the money to just re-imburse the bank, and I want to know what legal actions I can take to make him pay the money back. In my opinion, we have the right to fix the problem, and the invoice was signed by him after the work was done and we were paid. I cannot afford a lawyer out of pocket, but I will persue finding on that takes a payment and just charges the defendant after the fact. I gave him one last chance and he said we will talk over the phone, and he is still set on paying me the 2/3 only, and that I am responsible for the rest.
Do I have a right to sue?
Is there a good chance I will win?
Am I able to add in all of the interest, late fees, overdraft fees?
Now, my ex would have to come to lawyer appointments and court, can he add in the amount of lost wages?
What are my chances and my rights in this situation? If I do not take care of this, they will deem my car payment and everything unpaid, because they will take every dollar I deposit for that, and put it towards the balance from the returned check.. plus the returned check fee!!!!
I would appreciate any advice, opinions, leads to lawyers to " pay when you win" and I can also be reached at
kbtpainting@yahoo.com
Thank you in advance.
Virginia Beach, VA USA
He was home the whole time, in and out of every room being painted. After everything was complete, they again did a final walkthrough. They were satisfied, so we wrote them a basic invoice, as we always do for customers, and they payed us by check. We deposited the check. About 2-3 days later, we recieved an email stating that when the daylight was bright, you could see some spots where the accent wall lines or trim needed a little touch-up, and then some places where the walls were " cut in" were a bit lighter than the rest. Well, we will ALWAYS go out and touch up things to fix a problem, but he gave us two options... Give the check back, and he would give us a 2/3 of the amount, or refund 1/3 of the amount.
When we wrote back and told him that we would come out when we had an opening in the schedule and fix the problems, but that the check had been cashed, and we were not in the habit of giving refunds on things that could be resolved with a few hours of time and another visit to his home. He became upset, and put a Stop-Payment on the check.
Now, I get a letter stating that he did, and that my bank has locked all of my accounts, my exs accounts, and our business account until we pay the balance of the check that was not payed. Now, this leaves me with no access to making my car payment, credit card payments, loan payments, and now accruing late fees and over charge fees.
Well, frankly, I do not have the money to just re-imburse the bank, and I want to know what legal actions I can take to make him pay the money back. In my opinion, we have the right to fix the problem, and the invoice was signed by him after the work was done and we were paid. I cannot afford a lawyer out of pocket, but I will persue finding on that takes a payment and just charges the defendant after the fact. I gave him one last chance and he said we will talk over the phone, and he is still set on paying me the 2/3 only, and that I am responsible for the rest.
Do I have a right to sue?
Is there a good chance I will win?
Am I able to add in all of the interest, late fees, overdraft fees?
Now, my ex would have to come to lawyer appointments and court, can he add in the amount of lost wages?
What are my chances and my rights in this situation? If I do not take care of this, they will deem my car payment and everything unpaid, because they will take every dollar I deposit for that, and put it towards the balance from the returned check.. plus the returned check fee!!!!
I would appreciate any advice, opinions, leads to lawyers to " pay when you win" and I can also be reached at
kbtpainting@yahoo.com
Thank you in advance.
Virginia Beach, VA USA
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