The state or country I am talking about is: Arizona, Maricopa County
Hello,
In the fall of this past year I purchased a new home and sought a contractor to do some renovations. To make a long story short, the contractor that I ended up speaking to and issuing a check to him for one half of the work ($7000) was not who he represented himself to be. I learned this the next morning after having written the check when the "real" contractor appeared at my home and told me that his cousin had posed as him for our meeting, etc. This was a Sat. morning. I immediately contacted my bank that morning and placed a stop payment on the check. I then contacted the individual who represented themself as "Alex" (the contractor to whom I had been referred initially) and told them the situation- that I had placed a stop payment on the check.
It is now mid-march. I have since moved into my new home (in the fall) and just this past Sat. received a judgement against me in the amount of the check. This was the first I had heard anything about this matter since contacting the contractor, and stopping payment of the check. The check was cashed at a check cashing establishment and they are the plantiff in this case.
One final detail. In contacting the court to let them know that I never received a summons in this matter and therefore had no notice to defend myself in this matter, I was told that in fact a summons had been served in December at my previous address. I did not live at that home in December, having moved in October of that same year.
My question is two-fold. First the issue of the summons. It strikes me as odd that just anyone could accept a summons when they are not the party in the matter. In this case, I have no relationship with the individuals who purchased my former home, nor was I notified by them that this matter had transpired. It would seem that someone would have had to sign the reciept of the summons or something beyond knocking at the door and handing it over to a person that they could not possibily have verified was me.
My second and more pressing question is if I have any liability in this matter and how to proceed in defense of myself in this matter? I feel that my actions were proper given the circumstances:
a. The individual to whom I wrote the check obtained this through a fraudulent claim.
b. The stop payment was placed on the check within 24 hours of it being written.
c. The individual to whom the check was written was notified immediately after the stop payment was in place and was advised of this.
Could you please advise me of my rights in this matter and point me to any state statutes, case law, etc. that I may use in defense of this matter.
Thank you!
Hello,
In the fall of this past year I purchased a new home and sought a contractor to do some renovations. To make a long story short, the contractor that I ended up speaking to and issuing a check to him for one half of the work ($7000) was not who he represented himself to be. I learned this the next morning after having written the check when the "real" contractor appeared at my home and told me that his cousin had posed as him for our meeting, etc. This was a Sat. morning. I immediately contacted my bank that morning and placed a stop payment on the check. I then contacted the individual who represented themself as "Alex" (the contractor to whom I had been referred initially) and told them the situation- that I had placed a stop payment on the check.
It is now mid-march. I have since moved into my new home (in the fall) and just this past Sat. received a judgement against me in the amount of the check. This was the first I had heard anything about this matter since contacting the contractor, and stopping payment of the check. The check was cashed at a check cashing establishment and they are the plantiff in this case.
One final detail. In contacting the court to let them know that I never received a summons in this matter and therefore had no notice to defend myself in this matter, I was told that in fact a summons had been served in December at my previous address. I did not live at that home in December, having moved in October of that same year.
My question is two-fold. First the issue of the summons. It strikes me as odd that just anyone could accept a summons when they are not the party in the matter. In this case, I have no relationship with the individuals who purchased my former home, nor was I notified by them that this matter had transpired. It would seem that someone would have had to sign the reciept of the summons or something beyond knocking at the door and handing it over to a person that they could not possibily have verified was me.
My second and more pressing question is if I have any liability in this matter and how to proceed in defense of myself in this matter? I feel that my actions were proper given the circumstances:
a. The individual to whom I wrote the check obtained this through a fraudulent claim.
b. The stop payment was placed on the check within 24 hours of it being written.
c. The individual to whom the check was written was notified immediately after the stop payment was in place and was advised of this.
Could you please advise me of my rights in this matter and point me to any state statutes, case law, etc. that I may use in defense of this matter.
Thank you!