We hired an excavator. PD $1500 cash first day then check for $2000. Then $600 cash for jack hammer. He was 3/4 done. Asked for remainder to pay his employees. Husband wrote check. Excavator booked. Won't return calls. Check bounced accidentally. Don't think we should pay til job done. Are we liable for paying cuz check bounced? Is it considered a crime on our part?I thought god was looking outfor us ssince they didn't finish job.thanks
He can always take you to court and sue you.
You are twice and thrice screwed and stupider for asking here. You embarrass yourself. Of course you must pay the check and of course, were I the contractor, I'd stop work till check was made good. See, you already shafted your self. 1. You wrote the check and agreed to his terms. 2. You bounced the check, Baring your collective fannies to the contractor. 3. He now has every ground to charge you with a crime and seek restitution in civil court. And he is now under no obligation to complete the work. Because YOU breached the agreement.
Technically it's not a crime unless you knew the check would bounce (at least in Illinois). You may have an affirmative defense in paying the check because the work wasn't completed. You're gonna need a lawyer. Good luck.
Yes, it is still a crime to bounce a check. The fact that he did not complete what you hired him to do is a civil matter and you may have to sue him over that. Is it possible that he did not show up because of the bounced check?
