Originally Posted by synthesis2
Make the situation quick, wanted my deck redecked and found a guy on craigslist that does it. His companies name is "brown can do" and he had been around for a long time and had done work for a family member several years ago. Anyway everything seemed legit.
With that said he came out to the house, he was a little rough dress wise but seemed to have his stuff together and at least talked the talk to make you feel better about it.
Said he would order the composite boards but needed a deposit for the materials ($2500)
I gave him the money and let me know a few days later than those boards were on backorder so I gave some other ideas and he has since not got back to me.
Here is the question ( I know I was a dumb ass for even giving him a deposit I get it) but I intentially didn't sign the check as my safety net and if he would have asked me about it I was going to tell him that as soon as I see an order I will sign it.
Needless to say he signed my check and cashed it and I have not hear from him since and its been a month.
Here is the question should I
1) Go to small claims court? he may not have a penny to piss in and would loose in a landslide
2) Go to my bank and tell them I didn't sign the check and see what happens from there?
Just curious which was would be better to go.
This. Unfortunately most banks don't ever look at the sig but they should have a copy of the check. If they bank honored the check with no sig, you can blame the bank. If the check was honored with a forged name, you should be able to prove it's a false signature and the bank should be able to see the difference.