What would you do in this situation?

[annabelle]

A young lady who picked up my card at a show about a year ago recently emailed me to order a pair of wedding toasting flutes for a gift.  The wedding is in June of 2011, and she was not in a hurry for them.  She changed her mind about the design of the engraving 3 times before finally making up her mind.  I gave her a price.  She sent a deposit, which I cashed...I delivered the finished product to her this weekend at a show I was doing near where she lives (the total other side of Atlanta from where I live..and I did not want to ship them).  When she arrived at my booth, it was full of customers, and she seemed in a hurry.  I asked her if she wanted to inspect them.  She declined.  She gave me a check for the balance owed, and left.  When I got back to my camper late that evening, there was an email from her saying that she inspected the work when she got home, and the work was so bad she "would be embarassed to give them" to her friend.  The engagement party was that evening, and she wanted me to contact her about correcting the problem.  She asked me to not cash the check she had given me that afternoon, and possibly  return her deposit.   Knowing that she was already at her party; and also knowing that offering to do another pair for her would not please her, I sent her an email explaining that I would give her a full refund if she would return the glasses, and she could get her friend a different gift.  The email response I received stated that she could not return the glasses because she had to give them to her friend, because she could not attend the party empty handed, but she wanted me to not cash the check she gave me when she picked up the glasses.  My stance is that I did the work.  She agreed to the price.  If my work was not acceptable, she should return the items to me for a refund.  If she can't do that, I am entitled to the full price agreed on.....I would really appreciate your input.  Thanks    annabelle

[Kev]

I totally agree Annabelle. If she felt it was so bad, she should not have given it to her friend and returned it to you. Since she cannot return the item, she is not entitled to a refund, though I suspect she might put a stop payment  on it so cash it quick..LOL.

You are totally right and she is out of her freaking mind!

[CC]

I think you should kept the money. 

[Lou Ann]

I agree with Kev... if she can't return the merchandise, she doesn't get a refund. If they were so "bad" why did she give them to her friend... I would also be going to the bank that check is drawn on in the morning and cashing it before she has time to do a stop payment otherwise you are out the money...

if she does get her stop payment first, depending on the amount involved, I would be filing a claim in small claims court to get the money back as well as your court costs (here in TN you do not need a lawyer to do this)

[Kev]

I suspect regardless of how the pieces would have looked that she wold have pulled this stunt. She has probably done this several times before.

[Lou Ann]

I agree with Kev on this... fortunately I have not encountered it with selling glass but I did have a lady order a book from me and she complained about the condition which was clearly stated in my description knowing I would give her a refund rather than have a black mark on my selling record

[mich4u33]

we have people do this kind of thing to us a the flower shopevery so often.   They just want a full or partial refund because they are very cheap people.  You know if your work is good or bad don't let this person get away with it.  So sorry this happened to you.

[Amber]

Take it the bank, that woman has no right to keep the items and not expect to pay for them. I can't imagine there is a single business out there that doesn't expect a proper return of goods for a full refund and she's just trying to walk over you, how rude!!!! I would be fuming!!! She doesn't have to like the product but she can't have her cake and eat it too!

[Kev]

Exactly!

[Malinda]

I agree with everyone else sort of, if she gave you back the glasses I can see returning the second check but if these were custom made for a person like with initials and you can't resell them I say you don't return the first deposit as you did the work and still are out the labor and cost you had and they are only good for a sample of your work now. She agreed to the design and price afterall. If it's something you can possibly resell and she returns them to you as you gave them to her I can see refunding everything...then you have to hope you can sell them somewhere else??
What a witch.....I'd be annoyed as hell.

[Glassic]

I agree with the others, she sounds like a repeat offender [cheapskate?]
Using your best formal language, tell her unless she is prepared to meet you within a given period of time [or at the bank] to return the goods, no refund. Close formally with the ball in her court. Sorta, in the meantime, on advice, you have banked the cheque and await her decision, a cash refund will be available when the cheque clears.  The deposit being lost as the custom order was taken and executed in good faith on your part.
How much is a stopped cheque nowadays?  If it doesn't cost you, call her bluff, I don't think she will go to the expense.  

[Kev]

Not having ever experienced this, if you cash a check and you already have the money and the bearer of the check places a stop payment..what happens?

[Lynn]

Not having ever experienced this, if you cash a check and you already have the money and the bearer of the check places a stop payment..what happens?

This answer is based on 10 years of experience in retail branch banking, bank management and bank audit.  However, that banking experience is just over 10 years old, so my knowledge is out of date and could be wrong.

The answer depends on what you mean by 'cash the check.'

If it means you have gone to your own bank and cashed it, then the answer depends on whether the check has gone through the assorted channels and been cleared through her bank.  If the check has not cleared her bank yet, then the check can be stopped and returned to the cashing bank.  Since, generally, the bank will only cash the check for customers against their own accounts, the check will be removed from the account it was cashed against and a returned item fee will also be removed from that account.  If the check has already cleared her account, then her bank should not allow her to stop payment on it.  The only way she can get the check returned is to claim theft/forgery.

If you mean you have gone to HER bank and cashed the check directly from her account, then the check has cleared her account and her bank should not allow her to stop it.

My recommendation is that, if it is possible, you go to her bank and cash the check directly against her account.  This will prevent you from having an item returned in (up to) a week when you think it is good and causing problems with your bank.

[Judy K]

Oh Annabelle, so sorry. You did not deserve this.

[Elizabeth]

Totally agree with everyone - if the work was so bad when she checked it (which she should have done in your presence!),  she should have returned it at once if she expected a refund!
This is like the guy who eats 3/4 of his sandwich and then brings it back and says it's not edible!
Hope you come right and manage to get the cheque cashed.

[ct4mom]

So sorry Annabelle and I agree with everyone. Sounds like its her way of getting things for free. Cash the check and if it comes down to it there is small claims like Lou Ann said and I feel you would win.

[Wayne]

If they keep the piece, they have accepting your terms of agreement. 

[Audrey]

If she can't return the product, you should keep the money - except she has stopped payment on it. You asked her to inspect it and she refused. There is always small claims court, but it may not be worth the effort. I do not know how much money was involved here. I believe if the workmanship was not good, you, as the artist, would have been aware of it. She is trying to pull something over on you.

[annabelle]

thank you all for your input here!  I guess I just needed reinforcement for my decision to hold her to our agreement.  I have owned several businesses in my adult life, and have had legal issues in all of them....and am well acquainted with small claims here in Georgia.  If she had returned the glasses, I would have been willing to give her check back, and keep the deposit for time and material cost to me... She picked the glasses up early afternoon, and the party was that night.  She had time to pick up something...anything...to take the the engagement party....She told me when she ordered them that she did not need to have them until after the first of the year.....and suddenly she conveniently had to attend their engagement party the evening she got them from me....Thanks again, folks....I am headed for her bank in just a few minutes!  annabelle

[Anne]

Sure hope you got your cash Annabelle.  I was away.  You've been given good advice here.  What a great forum eh?