The one who doesn't want to pay.
In four years of this company I haven't had one guy who refuse to pay for the work. Even after we stay after hours to fix all the bogus claims to the project. Even after he said everything look fine he refuse to pay. He told me he doesn't want to pay because I took a week longer that what we plan. But I have an email where he informs me that the material won't arrive until this week that is why we took this long to complete the project. He told me he is going to trash me in Angie's list, but I'm not scared since this would be my first bad review of about 60. He told me he would take me to court but he has no claim. I completed the work. Now I have to hire a lawyer, put a lean on his home and start this process. Since is my first time doing this can any of you give me any tips.
1 - 20 of 63 Posts
How much does he owe you?
I believe there is a service that specializes in contractor liens. You may want to look into this in your state.
If your story is solid, this guys an ass!
Is bit over four thousand. Any ideas on how I can find that service for liens?
Google "contractors lien services" in your state I just tried it and came up with a lot of them.
I feel for you.
Been there done that.
Settled for $2500 less than what I was owed.
Ask him what he will pay, if it is not acceptable, lien the house.
Been there done that.
Settled for $2500 less than what I was owed.
Ask him what he will pay, if it is not acceptable, lien the house.
He's relying on your timidity, - - don't let up. Let him know in so many words that he WILL pay, - - it's just a matter of whether he wants to do it the easy way or the hard way . . .
Even if it did take you a week longer, that doesn't give him the right not to pay you. I think the only advice I could give, is go ahead and go see a lawyer a soon as possible (the time limit on a lien is short) I'd rather give a lawyer part of it than settle for less money with the home owner.
Keep us posted.....good luck
Keep us posted.....good luck
4 grand doesn't get you much lawyer time, harass the hell out of the guy and lien his property immediately.
Yeah, that's true, but my first thought that came to mind was telling the home owner," I don't mean to jinx you, but the last guy that didn't pay me....his house burnt...just saying" lol But I figure the lawyer route would be a better one. :thumbsup:
....seriously though, I don't know the laws of his state, but here in VA you only have 90 days from time of completion to file a lien. So don't wait to long to file.
Check out this website
http://www.courts.wa.gov/newsinfo/resources/?fa=newsinfo_jury.scc
In WA state, the small claims limit is $5K, so you can get a lawyer if you want, but you will waste all of your money IMO. I know that it is district court here that you have to file the paperwork, might be the same there. Go there and get paperwork from the clerk, they have it all written out. It's going to go about 2 or 3 months before anything really gets going, but the expression you can imagine on his face when you serve him papers...priceless.
Better get all of your documents in order now while everything is fresh. Get EVERYTHING. Hop on it if you want your money. You HAVE to do it in a certain order in certain amounts of time. Usually a "final notice", send registered mail, then a month wait.
Liens don't do much. You have to foreclose on the lien, which is essentially your small claims process. Liens BTW also have a certain order before you can send one. Usually there is an intent to claim first, then a week or month wait, then you are allowed to file the lien.
Do NOT go out of order, it will delay everything. Get the paperwork, which is probably on the WA state website.
His name isn't Jerry is it?
http://www.courts.wa.gov/newsinfo/resources/?fa=newsinfo_jury.scc
In WA state, the small claims limit is $5K, so you can get a lawyer if you want, but you will waste all of your money IMO. I know that it is district court here that you have to file the paperwork, might be the same there. Go there and get paperwork from the clerk, they have it all written out. It's going to go about 2 or 3 months before anything really gets going, but the expression you can imagine on his face when you serve him papers...priceless.
Better get all of your documents in order now while everything is fresh. Get EVERYTHING. Hop on it if you want your money. You HAVE to do it in a certain order in certain amounts of time. Usually a "final notice", send registered mail, then a month wait.
Liens don't do much. You have to foreclose on the lien, which is essentially your small claims process. Liens BTW also have a certain order before you can send one. Usually there is an intent to claim first, then a week or month wait, then you are allowed to file the lien.
Do NOT go out of order, it will delay everything. Get the paperwork, which is probably on the WA state website.
His name isn't Jerry is it?
It might be me, I would definitely check with the district court clerk to make sure, but looks like you can go straight to serving the notice if you want. Boom! See you in court buddy!
Oh man. What a jerk. I would make a hobby out of him! Can you file criminal charges for fraud? Can you go to small claims court so you don't need a lawyer? Can you get a lien placed? Call him at work. Call his boss. Stir up trouble with his neighbors. Go and "get your materials back". Demand money from his mom. Granted most of that is completely unethical and unprofessional. And it violates the Fair Debt Collection Practices Act. But what a scumbag.
45 Here.
Call up a few hungry guys from Detroit and split 50/50,
Court don't guarantee nutting, even if he looses, he can take years to pay, and with a lein you only get paid when the house is sold.
for the Future knowing how to take your payments, how to charge, how the schedule payments play a huge roll in getting your money.
small jobs make more money but also are much easier for customers to say. Meh he was here only for a week I dont see it worth 4K, i dont wanna pay
Court don't guarantee nutting, even if he looses, he can take years to pay, and with a lein you only get paid when the house is sold.
for the Future knowing how to take your payments, how to charge, how the schedule payments play a huge roll in getting your money.
small jobs make more money but also are much easier for customers to say. Meh he was here only for a week I dont see it worth 4K, i dont wanna pay
No
No.
No.
Hell no.
And no.
Usually, one files an intent to lien (depending on state), then files the lien(after a certain amount of time), then it goes on to foreclosure of the lien. If it goes to court and then lien is foreclosed on, then he either pays or doesn't. If he doesn't, then one has to go back to court and go through the collections process. If that happens and you win again, the sheriff will be out in no time to post an auction on his front door to sell the home for payment (which rarely happens).
If the guy files for bankruptcy, then it's gone.
Don't be a dick, don't get into arguments, just calmly go about the legal process. Don't throw your emotions into it or you will be just as bad as him in the eyes of the judge ruling on the case. That letter you make out serving him notice usually gets their attention.
Unless it is Jerry.
It will go to arbitration before it gets to court.
Yes
Yes
No.
No.
No.
Hell no.
And no.
Yes
AFAIK, that is not true in the US. Especially in WA. I know from experience (from that state). Unless it has changed, the lien runs out in 7 months if you don't act on it, or if the owner gets lien insurance.
Usually, one files an intent to lien (depending on state), then files the lien(after a certain amount of time), then it goes on to foreclosure of the lien. If it goes to court and then lien is foreclosed on, then he either pays or doesn't. If he doesn't, then one has to go back to court and go through the collections process. If that happens and you win again, the sheriff will be out in no time to post an auction on his front door to sell the home for payment (which rarely happens).
If the guy files for bankruptcy, then it's gone.
Don't be a dick, don't get into arguments, just calmly go about the legal process. Don't throw your emotions into it or you will be just as bad as him in the eyes of the judge ruling on the case. That letter you make out serving him notice usually gets their attention.
Unless it is Jerry.
It will go to arbitration before it gets to court.
This is a business issue not a personal one! If it were me I would use it as an opportunity to learn the process. Please keep us all posted on how it all pans out.
File the lien and have your lawyer send a letter to them.
1 - 20 of 63 Posts
