ECN Forum Forums General Topics of the Trade General Discussion Area collecting da money?

Two things I'm curious about:

Shortciruit: "He says I'll never see the money."

shortcircuit, was there some sort of incident that led to his posture? Did you guys have some falling out before he said this? Or do you think he planned it from the start?

CJS: "One time this dirtbag tried but I set him straight in a hurry."

CJS, Just for the amusement, what did you actually tell him?

[This message has been edited by MONOLITH (edited 09-26-2004).]

Shortcircuit, I feel your pain. Nothing worse than a deadbeat. Check out: www.mass.gov/legis/laws/mgl/gl-254-toc.htm
chapter 254 of the general laws of the Commonwealth. Look at section 1,2 ,4 & 8.

Also you may try getting your supply house to help collect your money. A friend here in MA. was being stuck by a local church. After the supply house informed the church a lien was being placed against them because the EC could not pay for his materials, checks started arriving real fast.

[This message has been edited by capt al (edited 09-26-2004).]

I won in small claims court!The deadbeat homeowner who stiffed me has to pay the $1200 plus court costs and interest.

So I finally got my day in court.We get into the room in front of the clerk and it goes like this:
clerk:has this been settled yet?
shortcircuit:no sir, it is not,I'm ready to move forward ( I then pull out 2 copys of all the paper work to back up my claim and give one to the clerk and 1 to the deadbeat homeowner)and before I say another word...
deadbeat:let me say something
clerk :Plaintiff talks first
deadbeat:Well I do owe him the money and he did do the work, but I'm not going to pay him
clerk:Why not?
deadbeat:because he is stupid (and he said this in a load voice and he is gettin hot around the collar,clerk looks over to the court officer and says "get ready")
clerk:WHAT
deadbeat:he says to me...remember the phone call on feb 5th
shortcircuit:I don't recall
deadbeat:well thats when you threatened me and told me I could not replace you because you had the permit on the job
clerk:he threatened you in what way,did he say he was going to kill you,or going to beat you up??
deadbeat:he said I couldn't replace him...
clerk:thats not a threat,you've said that you owe him the money,when can you pay him?
deadbeat:he shrugs his shoulders while shakeing his head
clerk:LISTEN(clerks pointing his finger at the deadbeat) you may have wasted his time,BUT YOUR NOT GOING TO WASTE THE COURTS TIME,payment is due in 30 days in the amount of $1200 plus court costs of $40...judgement for plaintiff

He says to me to have a seat and wait 5 minutes and has the court officer escort him out and they watch to see him get in his car and drive away then escort me out and watch me drive away.
Well, he can still appeal,but I don't think he has a pot to piss in after what he said in small claims court.
Justice is served

shortcircuit

[This message has been edited by shortcircuit (edited 10-01-2004).]

Good Job Shortcircuit! I had a deadbeat try the same thing a couple years ago. The judge told him to shut-up and pay his bill too.
KB

hi,
sorry to hear that you are having trouble. here is what i would do.

write the guy a letter explaining that you have to be paid for your work. now do not expect to be paid for substandard work. explain that if you do not get paid you will file a lien and take all necessary action to recover.

next, go get your self a written proposal or contract. NEVER do any work over $500-$1000 without a written agreement. this puts them on notice that your a business man and will use the legal system if needed.

try to be professional do not get into a big cuss out. do not threaten.

finally, GET A DEPOSIT NEXT TIME. I always get 40-60% UP FRONT...call it MOBILIZATION or whatever..

you wont be able to get attorneys fees if it is not spelled out in an agreement.

good luck

MUSTANG