Contractor Won't Pay Sub (Sales)

CoryLarsonPDX

I have been installing low voltage cable for some time. I recently decided to go into home alarm sales and work on a 1099 based commission only structure. After a few months of being told one thing and being paid another and contractor not in compliance with our contract and non payment (me being the sub). I decided to not pursue any new accounts until he paid up. Now me and 4 friends who were all requited by me have not been paid in over 4 weeks. We are all roommates and lost our house.
He is on steroids literately (owner of alarm company) and when I finally spoke with him a few times he blew up.

I now have equipment in my possession totaling about $2400 LESS than what he owes and am being told every day that they just don't have the time to pay me because I wont sell any more accounts and I am not a priority. Or im busy, wont answer ect..

CAN i sell his equipment (alarm panels) and still sue for the remainder or sue first? I am assuming they will try the "send your's first and I'll pay" but they have not even hinted to knowing I still have these things, so this in not the reason of non payment.

jfranklin

return the equipment. keep notes of all conversations and take him to small claims court

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Screen Room, Pool Enclosure specialist

Chris Johnson

You keeping his equipment is theft, he is in breech of contract. Guys who's going to get a felony charge?

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Chris

naptown CR

Put mechanics liens on all the jobs you didn't get paid for. Hire a lawyer and get in touch with the licensing board and file a complaint.
This gets his customers on his case to pay you and the loss of a license may just bring him around to reality. However were you properly licensed etc if not you may have to take a different route Good luck

Jayrek

Do what all the previous posters said and dont ***** around.

This happened to me when I was younger.

You do not need a lawyer.

1) Walk into each county courthouse that you need to file a lien on.
2) Tell the clerk what you just said.
3) They will point you in the right direction.
4) Fill out forms and pay fees, Might have to pay a sheriff/marshal to serve the papers to the homeowner.
5) Sit back and wait for roid boy's reaction, promises, and general B.S. DO NOT GIVE IN!!
6) File case in small claims, there is no law that says either lien or suit.

Paul Rowe

I would suggest using a collection agency, they only get paid if you do.....Good luck!

Boags

Im a Builder and just cannot stand other builders not paying subbies.
We rely on good subbies to do our jobs, so you dont pay you dont produce good work.
Keep the equipment, sell and recoup your loss.

greg24k

First give him back all his stuff or you will end up paying him. Secondly, send him a certified letter, giving him 5 days to pay money owed. If you don't hear from him in 5 days, go in to a court house, ask for Special Civil Part Court division and file a suit for breach of contract. Not the balance that he owes you, but the whole amount of the contract and add amount for special damages.

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