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Customer bounces cheque and Bank notifies me 5 months later

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Posted by: from Brampton
1/22/2019 at 11:08:00 AM

Just wondering if I can still put a lein on a customers house about 6 months after job was done. Bank didnt process one of his cheques for over 2 1/2 months then they didnt notify me for another month or so - just removed his NSF payment (9,000.00) from my account. I have been trying to collect from customer to no avail.

Any advise on what I can do ???

REPLIES (5)
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Date/Time1/22/2019 at 12:04:44 PM

You only have 45 days after you last worked at the property to put a lien down.

I would talk to a paralegal about advice to best resolve the situation.

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Giulian from Core Builders in London
Date/Time1/22/2019 at 12:04:51 PM

I'd start with having the talk with my account manager at the bank.

That hardly seems fair. Your lean period has expired.

Good luck.

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Date/Time1/22/2019 at 4:53:57 PM

You're past the lien act period but you can file against them in small claims court. Expect they will pay you as soon as they receive the notice as they have no defense having already paid the bill by cheque.

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Date/Time1/23/2019 at 10:17:02 AM

Small Claims court. However, i would try to contact the client again. If they don't respond, the small claims court is your only option, since you cant put a lein after such a long period of time. We had an issue similar to this but when we reached out to the person they repaid their sum (albeit it was a smaller amount of money than the amount they owe you).

Best of luck.

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Date/Time2/8/2019 at 12:08:42 PM

Contact the client again and inform them that you plan to take it to court if they do not make good on the checque that was NSF. Tell them, in case they are slow thinkers, that since they have already attempted to pay it once they are only putting off the inevitable.

Then start shopping for a new bank. The service you have gotten from them is ridiculous. After that, find yourself a book-keeper to track your money and follow up on issues like this, as I assume you are likely busy trying to grow your business.

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