Any Advice?

Bill's Electric

A company contacted us about doing service work them under the pretense that they were an "insurance" company and the invoices were virtually guaranteed to be paid. Only to later learn that the company is not an insurance company and nor do they intend on paying ANY of our invoices. We have since learned that they do this all the time and play the court game where it will cost you more to sue than the money you want/need to collect. Anyone out there with some advice on this topic?

mdshunk

Mechanic's lein on any properties worked on.

What's the name of this outfit? Post it here, lest any of us get trapped the same way. 'Nation's Service' is another one watch out for.

send_it_all

I dont understand what being or not being an insurance company has to do with it. You DID get a signed contract for the work, right? If so, and if you did all paperwork correctly on your end, you should have lien rights on their property. If you end up having to sue them, you should be going after court costs and punitive damages of some sort to counter the idea that it would cost more to sue than the job is worth. If you win, They pay all of your court costs. (hopefuly)

Bill's Electric

Thanks.
They operate under the following company names: The Assured Companies, Restassured, Dineassured, Operationsassured and several others!
The work was done for a retail store not a residence.
Can I still do a lein?

Bill's Electric

According to the attorney that represented the plantiff in the last case, these guys try to keep the court game going with postponements, countersuits and such to get you to run out off money and give up. It would cost us upfront 2 times the amount we want to collect to get our money. At least, that's what he said.

send_it_all

You should be able to place a lien. Only govenment/public property cant be liened. Even if they are leasing their building and the owner of the building hasnt filed a cert. of non-responsibility. At least thats how it works in Ca.......Im pretty sure......I think.

thom

Or, you could hurt someone.

I've been there. Actually commercial makes it better. Now, It helps that I'm really big (6'5" 300#) Loud voice, wild long hair, some people think I'm intimidating. Anyway, I just go in screaming (lots and lots of swear words), making sure I can be heard for blocks around. The more unstable you look the better. As far as I'm concerned, the place I was working at better come up with the $.

Usually, they would pay just to get me out of there. Make sure you interfere with every part of the business you can. Keep going back if you must.

Intimidation can be a beautiful thing.

Forget the old "you catch more flies with honey than vinegar" line. The real deal is, You catch more flies with sh*t than with anything else.

mdshunk

Oh, my! I need to hire you to do my collections!

God's honest truth... I had a guy approach me to go genuine "break their kneecaps" type collections. I couldn't get away from him fast enough. The guy had references and everything! People who would say how much of a tough-guy collector he is. Makes you wonder, sometimes. As you might expect, he was from just outside Philly, and has a heavy "Mediterranean" accent.

To the OP... sounds like one of those rock and hard place matters. How much are they into you for? If there's some pattern, perhaps your state's Attorney General's office would be of some help? Just a guess... this really sounds like something you and your attorney ought to chat a couple minutes about.

GregS

Can you go in and remove any work/fixtures that you put in?

Your invoice did state "All items property of my company until paid in full" didn't it?

I'm in a position where I may be doing that shortly for a bunch of cameras I put on a site. They are a few months past due and are unresponsive.

jbwhite

At least in my state, you cannot remove installed items. It is valdalism and theft. You will go to jail for it.

You must use the courts when this happens.

Bill's Electric

We repaired equipment. The lein sounds like the way to go here. I was going to show up at their place and demand payment but they don't give their address and only use a PO box. I have the home address of the resident agent but fear arrest if I show up at his house.

Magnettica

Next time charge 3 TIMES your normal rate and you'll appear less vulnerable to crooks.

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daveselectric

Hey Bill,

Deadbeats are the worst part of being selfemployed. I know nothing of your specifics or the kind of person you are but I become a person's worst nightmare if they do not pay. I never do small claims (a waste of time). I record a mechanics lien with the county and file suit in Superior Court asking the court to sell the property. In my county the cost to file is $280.00 but the person you are suing has to respond within 30 days and also pay the $280.00 along with their response to the law suit. If they do not respond in 30 days we go back to court and ask for a default judgement in my favor.

The downside is you will need an attorney and that gets expensive but the person you are suing will also incur a ton of costs just to get the case in front of a judge. I almost always get my money before it gets that far but one guy took me a year and a half and I got every dime.

As far as recuperating your court costs and legal fees from the asshole you must have this written into your contract. I had an attorney draw up my contract form years ago with all of this language in it and it has been a lifesaver. In most cases I let the deadbeat know that they signed a contract agreeing to pay all legal fees and court costs and tell them I have the most expensive lawyer in town. It works 90% of the time.

I have never lost in court but had a guy file bankruptcy on me one time, not much you can do about that...