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Old 12-06-2012, 11:33 PM  
synthesis2 synthesis2 is offline
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I know I am probably screwed but need advice

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.
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Old 12-07-2012, 07:58 AM   #46
synthesis2 synthesis2 is offline
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On the check I was uncomfortable with giving him money up front so I filled out the check and did everything but sign it. I did sign his "contract" talking about the work.

My best guess is that he took my signature from my contract and copied it over to my check because it looks very close to my signature.

How can they verify that it isn't my signature if it looks very close?

I hvae to give the guy credit, he is slick..

Just don't know if I go that route or go the small claims court route?
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Old 12-07-2012, 08:01 AM   #47
blaise blaise is offline
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I'd call him and say he'd better have the money at my house by noon, in cash, or expect a visit from the cops.
Then I'd call my bank to get the wheels in motion on a fraud claim.
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Old 12-07-2012, 08:02 AM   #48
Bwana Bwana is offline
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Quote:
Originally Posted by synthesis2 View Post
On the check I was uncomfortable with giving him money up front so I filled out the check and did everything but sign it. I did sign his "contract" talking about the work.

My best guess is that he took my signature from my contract and copied it over to my check because it looks very close to my signature.

How can they verify that it isn't my signature if it looks very close?

I hvae to give the guy credit, he is slick..

Just don't know if I go that route or go the small claims court route?
Once again, do you know where the guy lives? If it were me, I would be knocking on his door.
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Old 12-07-2012, 08:07 AM   #49
FRCDFED FRCDFED is offline
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Just playing devils advocate here..........I agree with what everyone is saying about filing a forgery report with the local police and contacting your bank.

However, is it possible that the materials truly are on backorder and he had to put money down with the supplier to place the order? Is it possible that he is just unreliable at getting back to you but is waiting on the materials?

I would also consider asking him who the supplier is and attempt to verify that the materials have been ordered. I have seen some items take a long time to come in. My co-worker recently replaced his deck with composite materials and had to wait for an extended period to get them in.

Good luck!
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Old 12-07-2012, 08:11 AM   #50
Dayze Dayze is offline
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find him, and break his knees with a baseball bat. $2500 well spent.
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Old 12-07-2012, 08:19 AM   #51
Swanman Swanman is offline
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Who takes a check that isn't signed? Besides that guy of course. Although the forgery was made easier by giving him a signature to copy onto the check.
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Old 12-07-2012, 08:25 AM   #52
Gonzo Gonzo is offline
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There once was a guy named synthesis 2.
Who payed for a deck before the work was thru.
He should've called Phil.
Before paying that bill.
But now he's most definitely screwed.
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Old 12-07-2012, 08:29 AM   #53
Frazod Frazod is offline
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Quote:
Originally Posted by synthesis2 View Post
On the check I was uncomfortable with giving him money up front so I filled out the check and did everything but sign it. I did sign his "contract" talking about the work.

My best guess is that he took my signature from my contract and copied it over to my check because it looks very close to my signature.

How can they verify that it isn't my signature if it looks very close?

I hvae to give the guy credit, he is slick..

Just don't know if I go that route or go the small claims court route?
I don't know how complex your signature is, but a handwriting analyst should be able to determine if it is a fake. Personally, I have an extremely intricate and almost completely illegible signature. Good luck to anybody who'd try to copy it.

OTOH, if it's a 100% spot-on reproduction of the signature from your contract, then he probably copied it from the contract and used a printer to put it on the check. It should be easy to determine whether or not it was written in ink. In any event, you should consult the police immediately.
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Old 12-07-2012, 08:33 AM   #54
LiveSteam LiveSteam is offline
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Quote:
Originally Posted by synthesis2 View Post

Just don't know if I go that route or go the small claims court route?
Listen to Flopnuts on this. Deal with the fraud department of your bank. If the police need to be involved the fraud department will let you know.
Small claims court IMO & experience is a big F-ing waist of time.
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Old 12-07-2012, 08:37 AM   #55
Iowanian Iowanian is offline
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Uh oh. You're going to get sued for this thread for disparaging online comments.
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Old 12-07-2012, 08:37 AM   #56
durtyrute durtyrute is offline
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Quote:
Originally Posted by Gonzo View Post
There once was a guy named synthesis 2.
Who payed for a deck before the work was thru.
He should've called Phil.
Before paying that bill.
But now he's most definitely screwed.
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Old 12-07-2012, 08:38 AM   #57
ChiTown ChiTown is offline
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SMH

Seriously?
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Old 12-07-2012, 08:38 AM   #58
Iowanian Iowanian is offline
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On the bright side, you could probably get someone from craigslist to break his leg for $500.
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Old 12-07-2012, 08:43 AM   #59
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Who takes a check that isn't signed? Besides that guy of course. Although the forgery was made easier by giving him a signature to copy onto the check.
This.


Why even take the check if he has to come back to you to get it signed? He must be an idiot.


I would have told you to take your business elsewhere if you didn't want to put money down, though. Way to much liability on me if you back out.
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Old 12-07-2012, 09:17 AM   #60
Dr. Gigglepants Dr. Gigglepants is offline
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Seems like for every 1 Phobia there are 2 or 3 of these guys. Sorry, but there isn't a profession with a more earned bad reputation than contractors/construction guys. I'd say every homeowner out there has at least 1 bad experience with them. But, yes, a deposit is pretty standard to those who think otherwise. I had my deck redone this spring, the guy wasn't perfect but I would recommend him bc at least he delivered what he promised in the end. It was touch and go for a while, though, and rife with many of the classic excuses homeowners hear all the time.
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