Am I Required to Notify a Person When I've Put a Stop Pay on a Check?

Updated on July 14, 2012
L.P. asks from Tyler, TX
16 answers

I took a dress to an individual who does alterations out of her home to have 2 inches of tulle cut off of a very formal (bridal) gown. I've used this person in the past, and although the business is out of her home, she has an "open" sign on the front door, a separate part of the home for her business, business cards and receipt books. It is a legitimate business, not just someone making a few extra dollars on the side.

We took the dress to her 3 weeks ago, I watched her pin the length where we wanted it cut off and we told her we were not in a rush to get it back knowing that it would be a tedious and time consuming job (the dress has about 12 layers of tulle, no exaggeration, it is huge). I went this past Tuesday to pick it up and she hadn't started on it. She asked us to come on Friday. So, yesterday I called her and asked if it was ready and she said it was and gave me the total ($65.00). My daughter picked up the dress without trying it on. When she got home with it, I had her put it on and it was still too long. After trying to walk in it, she took it off and I started to look at the bottom of the dress and I found the pins still in the bottom where she pinned it when we originally took the dress to her.

I called her and had to leave a message (this is the first time she hasn't picked up the phone when I called). I stated that the dress was still too long and we found the pins. I asked if she had cut any length off the dress and to please call me so we could discuss it. This was about 2:00 in the afternoon yesterday. She didn't call me back yesterday and hasn't called back this morning. I decided to put a stop pay on the check until she has the courtesy to call me back and discuss, so my question is...do I have to call again and let her know about the stop pay or have I already communicated my issue with the first message?

Just to add to the situation, through my referral, this lady received a $800 job making custom cheer tops for my daughters cheer team (it is a traditional sailor style top that the cheer uniform companies no longer make). I don't care if I'm burning bridges with her at this point, I just don't want to be accused of not honoring the check unless she proves she did the alterations on the dress. TIA

ETA....my dgtr isn't getting married! This is for a debutante style presentation. I know some of you know me and would worry about my sanity if I was letting my 17 yr old get married at this point!

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So What Happened?

I took the advice to call her, left another message and stated that the stop pay had been put on the check until we can discuss the dress. She hasn't called me back, yet. I left the first message yesterday within an hour of picking up the dress, her shop doesn't close until 5:00 and she has Saturday hours. I'm sure she has heard the messages. We'll see, both myself and my daughter have learned, so far it is only a $28 lesson for the stop pay fee. She quoted the job, I expected it to be MUCH higher. Please don't blame my daughter, age 17 is a good age to learn these types of lessons. She has 2 jobs, is in NHS, Varsity Cheer and senior class secretary. Her ACT scores and class rank have already earned considerable scholarships. If this is the biggest mistake she makes, she is still winning the game of life in my book!

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J.M.

answers from Missoula on

I don't think you are *required* to notify them... but it would be the polite thing to do... I would call and leave a message along the lines of

"hey, this is _______... I am not satisfied with the work done on my dress, and I have stopped the payment on it. Please give me a call back so that we can discuss this matter and come to a resolution. Thank you!"

3 moms found this helpful
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E.S.

answers from New York on

I second leaving another message, maybe even a note her in mailbox, that you've stopped payment.

This sounds very scam-like to me.

1 mom found this helpful

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D.F.

answers from Boston on

I would call her and tell her you had to put a stop payment on the check. Never pay unless you look at the work first. Also take a photo of the pins in the dress. Good luck

6 moms found this helpful

K.M.

answers from Chicago on

I would contact her and advise her that you will be stopping the payment and would like contact. Plus, I hope your daughter has learned to ALWAYS try on the dress before leaving alterations.

2 moms found this helpful
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S.B.

answers from Kansas City on

I would call and leave a second message saying you had stopped payment on the check and would be waiting to hear back from her.

2 moms found this helpful
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D..

answers from Charlotte on

No. What you do is wait until she calls you. You've already called her. She hasn't responded but has your payment. I'll just bet that she runs to the bank Monday morning to cash your check and finds out that you've stopped payment it because you're so pissed that she ignored your call.

I'll also bet that she calls after getting back from the bank and acts like she just got the message and tries to play nice. Either that, or she she is defensive on the phone about the pins and makes up a lame excuse about the pins.

You know she's been caught not doing her job. Don't pay her. Remind her of the $800 job you referred to her and that you are disappointed that she didn't take care of you.

Dawn

1 mom found this helpful
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T.F.

answers from San Francisco on

This is a tough one. Have you been satisfied with the work she has done up to this point? Has she been prompt and professional in the past? I'm wondering if she is okay if this is unusual for her. Just a thought. If it's not a surprise, I'd find someone else in the future.

1 mom found this helpful
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S.Y.

answers from Chicago on

I would not stop payment, talk to the lady first and see what happend before you snap on her. Plus it is not free to stop payment on a check...will cost you $25 at least.

1 mom found this helpful

T.F.

answers from Dallas on

LOL L.,
I knew she wasn't getting married!!! Sounds like a beautiful dress! What kind of time restraint are you on now due to this error?

I don't think there are requirements to notify someone of a stop pay. I have only done stop pay through our company and that was because a check I sent to a vendor didn't show up like it was supposed to so I told the vendor I did a stop pay and then I wired the money to him. Thank goodness I always pay ahead of time because that would have looked bad if my check was late or never received! My cue to ask about it was because I am online banking daily and noticed it had not cleared and his checks usually clear quickly.

It sounds like the woman is purposely avoiding you so I would stop pay as well. Better to spend the fees to stop pay than try to get refunded.

I hope she wakes up and realizes the potential business she is facing to lose over this.

1 mom found this helpful
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M.P.

answers from Portland on

You are not legally required to tell the other party. But...because your intent is to get her to talk to you, I suggest it's common sense to leave a message that you've stopped payment until the two of you can work it out.

Not telling increases the anger, too, which will make it harder to work out an agreement.

Courtesy is the way to deal in business and with friends. Sounds like this is unusual behavior on her part. I'd give her the benefit of the doubt. For example she may be out of town. Something serious could be going on in her personal life which caused her to act this way. Yes, tell her in a courteous way so that she can make it right.

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A.S.

answers from Dallas on

I would not put a stop payment on the check because technically this is illegal. It is considered theft of services whether or not she did it exactly how you wanted it. She could technically turn you in for writing a hot check.

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K.B.

answers from St. Louis on

Well it would probably be polite to inform her, but you have no legal obligation to tell her. It sounds like she has been good in the past so its a shame she's not following through now. I also recommend sending her an e-mail if possible verballizing your complaint and the reason for the stop payment on the check just to cover yourself in writing (I watch a lot of The Peopl's Court lol)

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K..

answers from Phoenix on

Well, I wouldn't have had a 17 year pick the dress up without me to go over the dress with a fine tooth comb. I mean, look, your DD didn't even bother to try the dress on or really look at it, even,

I would've let the seamstress know that I was going to put a stop payment on the check if she didn't respond to my call and rectify the problem, when leaving her the message. I would've given her that last chance to do the right thing. The threat of a cancelled check probably would've gotten her to respond & fix it.

Really though, $65 is a STEAL for the type of work needed on that dress. Sounds like maybe it's time to spend a little more & have the peace of mind of dealing with someone more professional. It sounds like this lady is taking advantage of you & the personal relationship you have.

Have you tried stopping by her house with dress?

J.S.

answers from Hartford on

If you do let her know that you stopped payment on the check, I GUARANTEE she'll call you back right quick. I would tell her simply to get her to call you back in a timely manner, never mind politeness at this point.

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C.W.

answers from Santa Barbara on

You stopped payment in less than 24 hours without communicating with her. I would have expected your daughter to try it on first and to try to resolve conflict first, you never know what happened between late yesterday afternoon and through today.

The custom cheer tops seem to be a mutual benefit for all involved if they couldn't be ordered from the uniform companies and the cheer tops were desired.

Not necessarily blaming your daughter but she really could have tried it on first. She sounds like a very successful girl, it's a learning lesson for sure.

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D.W.

answers from Norfolk on

i personally would call again and let her know the stop payment has been done due to her not doing the job as she represented to you. how rude and you found the pins! sounds to me she did nothing. good luck hun

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