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Can you file a lien or another type of suit if you didnt know a customer stopped payment before the 90 days?

KansasMechanics Lien

Hello! I had a customer stop payment on a check. They told me they did this, I went to the bank and discussed that check with my bank. The bank told me that the check had cleared and there was absolutely no way that money would be taken back out of my account. Someone was wrong, the bank then sent a letter to me saying the check didnt clear but the mail was mixed up in our office and I didnt receive notice of this for months. Now, I am past the 30 day mark and even 1 day past the 120 day mark and am not sure if it is too late to do anything or if I can still seek the money the customer stopped payment on since we did the work at his residence already.

2 replies

Dec 9, 2020

If the time limit to file a lien has passed, a contractor is not prohibited from collecting money owed pursuant to the terms of the contract and/or the check. There are also time limits to bring actions based upon contract and/or the check. I recomend that you contact an attorney to discuss the specifics of this matter.

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Dec 9, 2020

There's almost always something that can be done. Get in touch with me and I can help: 314-276-9991

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