Is this a stolen check

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StephanieL88

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We have an oral agreement with a local landscaper ($8000 total) to bring in several loads of dirt, topsoil and grass pallets for our backyard. We initially gave him $3500 to start. He cashed the check. It took him awhile to get started due to continual rain but after about 2-3 weeks, he showed up with 2 workers and began transporting dirt. We had problem with our retaining wall collapsing on one end but the landscaper wanted to continue because the topsoil had already been delivered. He wanted to get it spread and then bring in the grass pallets.

To cover the grass cost, he asked for more money. After many discussions we agreed to pay him an additional $2500 to cover the grass. We also negotiated an oral agreement to repair the retaining wall for an additional $700. Unfortunately we had a vacation planned. And more rain was expected. However he agreed to keep working. When we returned we had no grass and have not seen him since. We have a business card with his cell phone number. No other way to contact him. After numerous attempts to reach him, he finally talked to my husband and told him he was hospitalized for heat exhaustion and that he would call us in a week. No call. Now 3 weeks later we still have no grass. The $2500 check was cashed. I do have a copy of the cancelled check. I finally received a phone call today after I left a message that I would report this as theft.

What are my options here? Can I have the check returned thru my credit union? Do I file a police report? He says he will come next Sat. with the grass. But that will be about a month since we gave him a 2nd payment. We have not paid him any more money. Basically we paid him for an incomplete job.
 
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