Creative Collections?!?!

TigerFan

Hello all - would like your thoughts on this:

We completed a remodel job on a flooded New Orleans 2 story, 2 unit rental for a customer. Job included both side by side units - the downstairs part only. The customer (the landlord) is relocated out of state and paid mostly slow during the job. Now the job has been completed for a month, the tenants are moved back in and, lo and behold, final payment is yet to come. We are just getting the put-off as far as I'm concerned.

In my other business, technology contracting, we always maintained some sort of control over a critical part of the customers job until final payment was in - for example, if we installed an email server, we could disable the customers email if need be to urge timely payment.

I'm not up for liening the property, I'm much more inclined to go uninstall items that I deem have not been paid for and changing the locks on the place until payment is received.

Our contracts talk about remedy for problems, but there has been no communication that the project was unsatisfactory in any way. I think the customer is just keeping the money.

Have any of you done, or would any of you do, what I am thinking - which is to reclaim something (plumbing, electrical or HVAC oriented) to render the place uninhabitable and change the locks until we get certified funds (of course which will need to include the time spent to disable, then re-enable, the property).

tf

snapper21

Totally understand the frustrations but.....: If you can say that the job is completed, which I assume you have since you're waiting on final payment. There may be legal issues involved in you "trespassing" or "breaking and entering", or "damaging private property". I don't even know, just speculating. Do some research before you make any actions that might cost more than the final payment will get you out of.

jproffer

That's Illegal in most places, probably where you are also. ESPECIALLY the part about changing the locks...even a landlord can't change the locks without DUE PROCESS, and going over and "just doing it" or taking what you deem wasn't paid for, is not due process.

Send an intent to lien notice through certified mail, return receipt requested. He then has 10 days to pay up. If he doesn't then you HAVE to lien the property...it'd be like threatening to spank a child and not doing it. So if you're really against doing that, then don't bother sending the notice, but you can't just go start "uninstalling" things you built.

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Jim P.

RYANINMICHIGAN

I "unistalled" a deck once. I was yonger and it was a bad Idea. fun and fun to see the look on his face while I did it but I should have followed the proper legal chanels.

TigerFan

I should add - I understand the legality of the situation - I just find that typically a well placed nudge is all that is needed to get paid. I'm not worried the customer would "go legal" on me.

Kinda like Johnny in Airplane II (I think that's the one) - remember, Johnny was practical joker that unplugged the lights to the runway while the plane was close in it's descent. It caused all kinds of panic and get everyone's attention. Once he got what he was looking for, he said "just joking" and plugged the lights back in.

tf

pwrpapa

Sorry, your SOL.
If you put a foot on the property, you can be arrested.

Grumpy

The law is written in favor of the scum bag. If you go destroy what you installed, you will be the one who gets fined and does jail time.

Your best bet is to lien the property, and fug up his credit in any way possible... all the while calling him to the fullest extent of the law; I believe twice a week.

Perhaps write something into your contract about late fees and so forth. Each month send an updated statement with late fees.

snapper21

Just what I heard but,,,, The flood insurances down there are far from enough to fix the extensive damages most places took, and even with the FEMA extra handout alot of "scumbags" are making due in other ways. Such as yours. Go about it right or you'll get the short straw.

pwrpapa

I took a chain saw to a house once, spent some time in the pokie for that.

joasis

Liens are the legal tool to get paid, threat of a lien will get you paid, ignoring the lien (property owner) will still get you paid...since you have the right to force a sale for judgement.

red_cedar

I believe in Illinois you get 10% interest on top of the actual amount that the lien is for.

Bjd

the thing about a lean, is it does you no good until the scum either decides to refianace or wants another loan for something else.

Even then, you may not get paid, depends on where you are in the line as far as getting paid back, it sucks sorry.

BJD

RYANINMICHIGAN

Funny same thing kind of. I did not get in trouble, but it was me and a helper my truck, my flat bed trailer and a couple chainsaws, Sunday morning early in and out. He should have paid me I guess. I was unlicensed at the time so I really had no other recourse, pulled out back by my buddies pond where I sit on it to this day!.

TigerFan

My Gawd, Ryan - that's got to be the most satisfying deck in the world!

tf

RYANINMICHIGAN

The guy was shady to begin with something was going on in that house. I think that is why he did not call the cops. He was standing in his jamys at the sliding door as we were cutting the post. He started to open the door and I waived him out. He decided against coming outside. vroom vroom Anyway ya it is sitting back by the pond. We sit out there and fish and drink every now and then.

Gordo

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Looks like some pros were here.

AtlanticWBConst

We had a bum that owed us a small amount of money for completed work. (His checks had bounced and he had given us the run-around for months)
I say a bum, because, he has a reputation in his town of being a deadbeat. (We Figured out that he's a big gambler and likes to play the 'hot shot' part)

Then, a company out of Florida called us out of the blue, and asked if there were any outstanding debts that we were having trouble WWcollecting. They are a branch of a law firm that specializes in this.
My biz partner gave them the information over the tele. They, right then and there looked him up, saw that he had something like 18 unpaid bounced checks. We gave them the OK.
Needless to say, We got an angry tele. call the NEXT DAY....telling us he was sending the money.

The company asked for 30 percent of whatever is collected. We figured that he would never pay us, so we had 'written' the debt off anyways.
When I called them, they said 20 percent would due.

The best part was not getting the money, but the feeling we had: that we had taken this guy to the mat and 'body-slammed' him - figuretively.




I would defintely use them again - tho I can't recall the name of the firm. (My biz partner has that)

We almost were going to use them again over an unpaid bill from and apartment complex - Work we did in Dec. 05. They finally paid us about 3 weeks ago.

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- Build Well -

Teetorbilt

I'd like to have that firms name on file, if you don't mind. I may need them shortly.

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You can't solve you're problems with the same level of thinking that created the problems.

Albert Einstein

POOLMANinCT

i would like their name also....

i have had great time with olddebts.com

deadbeats are thieves why cant we have them locked up?
ray

Double-A

In some states if they bounce a check or stop payment on a check, you can have them locked up.

That is still a crime.

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"My clients’ wishes are the center of my attention." -- David Guido, a contractor in Woodstock, N.Y.
New York Times, July 20, 2006