Menu
Home>Levelset Community>Legal Help>What do we do with a contractor who purposely does not cash a check in order to file a lien?

What do we do with a contractor who purposely does not cash a check in order to file a lien?

TexasMechanics Lien

We had a plumber do work on our property in February, 2019. We paid the plumber the same day the work was performed, with a check. We were not happy with the service provided by the plumber, and indicated that we were not happy at the time we paid the plumber. We filed a BBB complaint. The complaint indicated that we paid for the services. The plumbing company owner responded to the BBB complaint several weeks after the BBB complaint was filed, and never indicated in his response that he had not been paid. That was the last we heard from the plumber until last week. This week we received a payment due notice from this plumbing company indicating that we had paid by check, and the balance owed was '0' but then also indicating that we still owed the plumber the full amount. We investigated with our bank and discovered that the plumber had never cashed the check. Now we are afraid that this plumber is going to either pull a fast one and have us pay a second time, and then cash both checks, and/or is going to or has already filed a Constitutional lien on our property. The plumber will not return phone calls or emails about this matter. What do we do?

1 reply

Sep 27, 2020

Have you considered cancelling the original check and then sending out another one? It may well be just a simple error on the plumber's part......

1 person found this helpful
Helpful