[sildoc]

Ok I know I will hearI got the blunt end of it, but I am curious what you all do when you have a non paying (excustomer)?
This older lady that lives across from one of my clients wanted some hedges trimmed and some trees thinned out. No problem I tell her. I didn't have a contract at the time but she said that she would pay me 1/3 right now and rest when I am done.
Ok, I was there and was going to end the day early if I didn't take it, so instead of waiting untill I had a contract to sign I had her put on the check what the full amount would be when completed.

Any ways she left in the middle of me doing the job.
I left a note to call me to talk about the payment and some upgrades we had talked about.

She never called. I stop by the next week and she is not there. Left another note.
No call. Again the week after and she is not there.
Anoter note.
No call. No money. Ok I have had it by now, No call and No money. I stop by late friday night out of my way. and catch her at home.


Get this.
She says that she is not satisfied with the job. Hired some one else to finish it and do the extras we had talked about.
says she isn't going to pay what she owes me.

What do you do?
I have a check saying how much she said she was going to pay. I cant loose 2/3 of what we agreed on.
Last time I do it with out a contract.
by the way it took me 4.5 hours of triming and quoted 150+dump fees of 20. I only was paid 50 bucks.
What would you do? I have Ideas but am still cooling off.
Sorry for the long post.

 

[work_it]

When she said she had to hire someone else to do the extras, where they actually done? Do you have the first check she wrote with the agreement on it? Send her another bill with your lawyers name as a contact, and include on it that if payment isn't recieved within 15 days it will be turned over to your lawyer for collection. Also add that his fees and court costs will be included on any further collection efforts.

 

[kerrazy]

I had a similar incident, I sent the lady, by certified mail my bill and a note that this would be the final bill from me and the next would be from my lawyer (whose name and number I listed on the bottom of my statement) who would attempt collection.

A week later I had my check.
Good Luck!

"Wasted time is wasted money!!"

 

[Rustic Goat]

sildoc, I'd say you've paid for a lesson learned. The amount is not worth the hassle of any legal battle/court time.
A red light should have gone off when she offered partial payment up front. Contract or not, collect before hand on jobs of that type.
If you happen to have a trailer worth of debris equal to the amount you hauled off, you could take it back by her house and ask where she wants it, cause she didn't pay for the removal.
BTW Careful who you're calling "old people".

 

[edrenckh]

Take her to court.

It is a good learning experience and if she didn't give you a chance to correct the problem, you should win.

 

[John Gamba]

Get paid in advance when there not a regular costumer. IN CASH
John

 

[bobbygedd]

she is 100% a freakin thieving old lady, treat her like one. first of all, she did not call and say she was unhappy with the work. secondly, if she was unhappy, she needed to give u the oportunity to fix it. treat her bad, talk to her with no respect, being old, and being female does not give her a right to steal. you were probably real nice to her at the beginning, right? that was your first mistake. u got to be nasty to these people, just enough to be intimidating. call the police.

 

[mrbenfer]

:laugh: Bobby's posts make me laugh.

I would sue that nasty grandma for all she is worth!
"GRUNTS" "GRUNTS"

 

[GLAN]

She yanked your chain the entire time.

There are people that do this over and over. Your not the only one she has done it to, I can gaurantee that.

File in small claims. Keep trying to collect and file when you have some slow time.

 

[sildoc]

Ok, So far my decision is to write it off. I have talked to her new person who she has hired for full time maintenance and warned him about her. He and I hit that area at the same time every week and will see him again today. I made sure he had a contract so he was covered.
I have been tempted by taking her to court or using my attorney but the 100+ dump fees is not worth the trouble or my time. I will make sure every one that I can possibly find knows about her and that she is left for the tigers.
I will try one more collection at the begining of the month hoping that it is the fixed income that is detering her.

By the way I mean no affence to those older than I. I have had numerous nagging, freebee wanting old person that I am fed up with the simple fact that they have the gall to even ask.

P.S. I think Bobby is using us as a way out of paying his psychiatrist (sp) to vent all of his frustrations.
LoL

 

[Gr grass n Hi tides]

Originally posted by sildoc
Ok, I was there and was going to end the day early if I didn't take it, so instead of waiting untill I had a contract to sign I had her put on the check what the full amount would be when completed.

I have a check saying how much she said she was going to pay.

Sounds like you do have a written agreement, which you might be able to enforce.

I said this before a while back in a post. Maybe it would work for you. Hey, invest a little time typing a letter and doing a filing & you can let it go at that if you don't want to waste time & energy. Could be worth while. Here it is:

"How much is she into you for? Like you said, weigh the payoff vs. the time and money you have to put into it. Proceedings can be time consuming even if you have an attorney handle it for you. You could be spending time in the field earning money.

In NC small claims court is just like district or superior court in that you file a simple "complaint" more or less alleging what you want to allege in order to make your case. At the office, we sometimes send a "last chance letter" to insurance carriers stating "enclosed please find a draft copy of the complaint we are prepared to file in connection with the above referenced matter, together with a copy of my client's medical records and bills........this is a situation of clear liability in which your insured _______ (fill in the blank for what they did wrong)......I feel that we can resolve this matter amicably and avoid protracted litigation......please contact me after you have reviewed this material so we can discuss this matter further.......I look forward to your response.......if I have not heard from you by ______ (fill in the date) I will assume you are not interested in resolving this matter and be left with no alternative but to file suit."

That will build a fire under there.

You could probably do this on your own and avoid paying an attorney. If you walked into your local magistrate's office they would probably give you a go-by complaint (or whatever a pleading is called in your area).

If you let this matter go (assuming not a whole lot of money is involved) after, say for argument sake the "last chance letter" reaps no reward, then at least you can put the matter behind you. Sometimes there's a lot to be said for that."

Good luck!!!!!!!!!

 

[mike9497]

simple rule.full amount cash/check up front or nothing.learned my lesson many many times over.if they pay with a check cash it at there bank before starting the job

 

[Willis]

I send them three bills each with a collection letter.

1st letter. A nice reminder and of service disruption.
2nd letter. A reminder and the name of our potential collections agent.
3rd letter. FINAL REMINDER and the name of our collections agent.

I don't think anybody likes a poor credit report.
Its worked out very well for us. We once had a Doctor that owed us for 3 months of service, he had always paid late, so we gave him the benefit of the doubt, but it ended up getting out of hand. 1st letter, service was disrupted.
2nd letter, no response.
3rd letter, FINAL REMINDER, name of our collections agent and HE PAID.

 

[Willis]

I really don't think this doctor was going to pay, I have my reasons. We had a lot of problems with him from the beginning.
Lack of communication in part.

 

[DennisF]

You can try small claims, but without some kind of wriiten agreement stating what was to be done and the charge for the services performed, you have pretty much shafted yourself. Most small claims laws require written agreements that prove your claim.

 

[sildoc]

I will try a letter and send it certified mail. I will let you know what happens later. You all make my fire grow.
Thank you for your ideas and assistance.

 

[bobbygedd]

call her at 2 am, from a payphone, far from home, when she answeres, blow a whistle in the phone, as loud as u can. if u have friends who live out of state, get them to do it for you, (ive done this, btw) repeat proccess until her hearing aid explodes.

 

[Gr grass n Hi tides]

Originally posted by bobbygedd
call her at 2 am, from a payphone, far from home, when she answeres, blow a whistle in the phone, as loud as u can. if u have friends who live out of state, get them to do it for you, (ive done this, btw) repeat proccess until her hearing aid explodes.

Bobby - You forgot to tell him to do it while naked and beer buzzed for effect

 

[sildoc]

Old ladies don't warrent NAKED! Well ok maybe if you are beer buzzed. Whistles never thought of that. But would hate to get caught as thats all I need is a harrassment charge. Not to mention all the bad rep I would get.

 

[Willis]

I meant; I send them three collection letters each with a bill.:dizzy: