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damian222 · Jul 13, 2010, 03:32 PM

Customer paid 450 deposit on 1100 window tint job. Now wants to back out because he was told by another tint company that three of the windows are impossible to tint and be a good job based on their placement. I have already deposited the check and paid the 220 the film would have cost me to complete the job. The customer told me they put a stop payment on the check. I received the deposit on Tuesday and was scheduled to do the job on Thursday. The customer called on Wednesday to cancel. I would like to sue for the profit I am out, the court cost to get the judgement and the day off work to go to court and the return check fees I will incur. The only written agreement we have is on the deposit check he wrote deposit for window tinting in the amount of 450. Do I have a case. I am located in Naples Fl and my business is registered and fully licensed.

cdad · Jul 13, 2010, 04:00 PM

If you sue its for actual damages only. Can you use the film for another job? That is one thing the courts are going to ask. Next time get a contract with fees for backing out. A check isn't that type of contract. Since they didn't ask for a refund but canceled the check you can ask for those charges against you to be returned.

damian222 · Jul 14, 2010, 06:52 AM

When you say actual damages only does that mean the difference in profit that I now do not have? The customer entered into a verbal agreement for us to do the work and this was cemented by the deposit check. How can they back out of a verbally binding and partially written agreement without paying and making it right?

excon · Jul 14, 2010, 07:22 AM

Hello d:

Small claims court leaves a LOT to the discretion of the judge. I think you'll win the amount you would have made because the deposit DID cement the deal, as you said. But, you won't get the cost of your time to defend the suit, though. That's because a neurosurgeon could complain that the day cost him $10,000.

excon

this8384 · Jul 14, 2010, 07:31 AM

Originally Posted by damian222

Customer paid 450 deposit on 1100 window tint job. Now wants to back out because he was told by another tint company that three of the windows are impossible to tint and be a good job based on their placement. I have already deposited the check and paid the 220 the film would have cost me to complete the job. The customer told me they put a stop payment on the check. I received the deposit on tuesday and was sceduled to do the job on thursday. The customer called on wednesday to cancel. I would like to sue for the profit i am out, the court cost to get the judgement and the day off work to go to court and the return check fees i will incur. The only written agreement we have is on the deposit check he wrote deposit for window tinting in the amount of 450. Do i have a case. I am located in Naples Fl and my business is registered and fully licensed.

I'd wait to see if the check actually bounces or not. Sometimes people like to blow smoke. What day did you deposit the check and what day did he claim he stopped payment on it?

If the check DOES bounce, you can include that in the amount to sue him for. I think you'd be entitled to at least the cost of the tint, assuming that it cannot be used on another job. And if your state allows it, you'd be entitled to the court fees as well. You can ask for your wages to be paid, but that doesn't mean the judge will grant it.

this8384 · Jul 14, 2010, 07:32 AM

Originally Posted by excon

Hello d:

Small claims court leaves a LOT to the discretion of the judge. I think you'll win the amount you would have made because the deposit DID cement the deal, as you said. But, you won't get the cost of your time to defend the suit, though. That's because a neurosurgeon could complain that the day cost him $10,000.

excon

I took it to mean that the OP would be the plaintiff suing for the cost of the bounced check, purchased materials, etc. not the defendant being sued for the return of the $450 deposit..