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Hey Frank,
Is there something you're not telling us? What's the details (without going into numbers).
Ed.
*I don't know what happened to my thread.Any way, here's the story. Back in July of last year I did a small job for a builder that I done work for before. The job was to build and install a louver in a doorat a medical center. Labor and materials came to $200.00.At this same time , this builder completed a spec home and as of this day it has not sold. I have sent him several invoices, talked with him several times on the phone only to hear that he'll mail me a check. I even have made a trip to his house to collect. His truck was in the driveway but no one would answer the door.I've asked him if there was any problems with the work I did and his reply was that everything was fine. I am suspecting that his spec home has him in a financial bind. As I have told him, I am not a charity that can donate labor and materials and would like to be paid. What would you do to collect ?
*Frank,You'll probably have to do what I did in a similar situation-I took the builder to small claims court. I got a judgement, which is to say I got no money, but eventually I did get my money, after a lot of hassle. The sooner you start the process, the sooner you get the money. He may even pay when the official notice reaches him. Some times you just need to get their attention!The small claims process is really very easy.John
*mad dog.. i'd contact him and tell him i expect to be the first one paid when he gets the money..then i'd forget about it... you either will , or you won't see the money..it ain't even worth going to small claims for...if he's got it and he's got some integrity.. you'll get it..if not, you won't...move on...
*That's kinda what I figgured Mike. It's been about 4 months now and nothing. I guess it's time to move on.
*You know, when I started out under my own name, I met someone at a show, and sold them some stuff. Sent it off, never got paid. Sent letters (out of province), phone disconnected....really stressed me out even though it wasn't a huge amount of money. The same person stiffed another friend of mine at the same show. Six months or more later, I got a parcel in the mail...most of the stuff I had sent, and a letter explaining they had had some serious health problems, closed the business, apologising and wishing me well. You just can never tell. Not a fabulous story...story about that. But you just can't tell where these things will end....maybe this guy will get back on his feet and pay you dividends cause you didn't smack him around. Que sera, sera.
*My dentist told me a story the other day about a patient who owed him a couple of thousand dollars and never paid. (And we think that contractors have a lot of bad debts) He was just one of many and was not heard of again, until eight years later a dirty envelope arrived in the mail with over two thousand dollars and a note of apology. Maybe the same will happen to you.
*Hey Frank,Lost post......kind of like the mail service on my block......Ditto Mike Smith.Ed.
*Frank, I did some framing for a local roofer that I had turned some work to in the past. He was very gracious, thanked me for a good job, took my bill and promised to cut a check the next week. You guessed it, no check for weeks. Finally caught up with him and he gave me a partial. Weeks later, another little bit. By this time I'm boiling cuz the total bill was only 500.00 and he was paid by the homeowner. It's been years waiting for the last 150.00. What's made it pass easily is the thousands of dollars of work he doesn't get by me recommending to those who ask for a roofer that they don't call him. I'm a vindictive SOB. I know if I couldn't come up with a cpl hundred I'd get in another line of work.
*Small claims court is a good way to go, but make sure you understand the process where you are at. My experience, go file claim, pay court costs (suppose to be paid by other party if they lose), pay for summons to be sent by registered mail.(suppose to be paid by other party if they lose)Registered mail not accepted, hire constable to deliver summons (suppose to be paid by other party if they lose).Go to court, defendent doesn't show-up. Court takes under advisement, finds for me.Defendent doesn't pay, take to court again, see procedure above, court finds for me, has bench warrent issued. Constable to deliver.Constable accepts check from defendent for original amount, deducts his costs and returns bench warrent to me and what's left of the money.Decided to cut my losses then, out some dollars and two mornings of court time.
*If a guy owed me two hundred dollars and he was broke (not trying to stiff me) I'd let him pay me some other way, like give me his new drill or saw or ???? worth 200.00
*bobl,Your state must be quite different than Ohio. It only costs me about $35.00 up front and 10 min. to fill out the form. You can file in your jurisdiction, his, or the job's jurisdiction, whichever is more convenient or less costly for you. Many have evening hours available. If you win, you get to recover all costs, plus interest. If he doesn't pay, you have several choices. Lien his property(which could lay there for years), or give a location and time for the sherrif block the wheel of his vehicle. This works great, but requires a little detective work to find the most likely place to find his vehicle.Another option you could consider, if he is a member of the local HBA is to contact their ethics committee. You may get a check if he feels his reputation is being affected among his peers.Again small claims is so easy, and many times it only takes the notice of the court date to prompt a check. In that case I consider the $35.00 a good investment. Granted $200.00 isn't a huge sum of money, but it might be worth it to you just to let him know you're not a doormat.I like the barter suggestion, I have used that a few times(once to collect $3000 for a roof job I did for a drywall contractor). But most builders around here don't do any of their own work, so they have very little to offer in barter.John
*It was not a construction issue, and it was 30yrs ago.Filling out the form was easy.My point was to know what your state does so you know what you face. That's why the detail. It can be painful and "expensive", lost two mornings at work. The summons alone will work for some people, but didn't in this case.But small claims is tool that should be in a businessman's toolbox.Lost track of some of the threads, but one talked of a laywer who just cut $3K from the price. Small claims may not work, but the lien is a powerful tool for a contractor, in that case may be the best. Wouldn't be able to sell without it being cleared at the least.
*If a guy owned me $200, and was so broke he just couldn't come up with it. I'd just tell him to let me know when he has it and forget the whole thing. It sucks to not be paid a little bit of money, it sucks even more to not be able to pay a little bit of money.
*Hey Big Cal,How's things in the Glass City? I know what you mean about not getting paid. I sure wouldn't recommend this guy to build anyone a home.
*If a guy owned you Ryan for $200....I don't know...I guess I would let him have his way with you.near the stream,aj
*If anybody wants me, my wife would love the $200.
*I installed a vanity/sink for a commercial contractor in a building housed with insurance companies, dentists offices, and retail outlets. The contractor sent me a check, but it bounced. Told me for about a month that he would make good on it, but never did. I am giving the guy the benefit of the doubt, and assuming that he has been having some problems that are on a scale far greater than dealing with a small bill from me. Even so, I do expect to get paid from clients when I do the work. I took one of my lien forms, filled it out all nice and proper, and sent a copy to the owner of the real estate (all the businesses were just renters), and explained my intentions to file a lien for non payment. I actually would have, if necessary, filed the lien. Being commercial property, I had doubts that the owners would have ever sold the property in my lifetime, so I probably would never have collected. Evidently, they had a concern about having a lien against their property for such a small amount (less than $500.00). The owners cut me a valid check, and told me THEY would collect from the contractor. I am sure they will/did too, because they have greater resources and clout than I do, and they had used this guy a lot. I am willing to bet that from that point on, they made sure all his subs were paid BEFORE they cut him a check.Small Claims Court here in Texas is a joke, and I doubt that you would ever collect that small of an amount even if you won. Worked for me...James DuHamel
*MDNext time you run into another sub that has done work for this GC, or at the lumberyard he uses, strike up a conversation and work something like this into it."It seems that GC has run into hard times, I did a job a $200.00 job for him 6 months ago and haven't been paid. Are you having trouble collecting from him?"When word gets back to him that his reputation is taking a hit, you will get paid if he cares. If he doesn't care, at least the next guy in line will think twice about doing any work for him.
*Scott,Been there and done it.
*A few years ago I got stiffed by a homeowner for big money. So I called my lawyer and he took me for big money too.Oh, I got my day in court and the judgment went my way and everything..........but I have nothing to show for it but some very expensive satisfaction and a judgement that is worth less than the paper it's written on.My wife said it best....."If you don't pay, I'll call my lawyer and we'll both be sorry".Ed. Williams
*What I wonder is what is going through the homeowner/contractors mind at that time? The work isn't up to standard so I'm not going to pay? I'm also not going to tell the sub that it is not up to my standards? Or I don't have the money right now but I will at the next paycheck? Or as soon as this house sells? Or do they go in thinking that I am going to get some free stuff? I just have to put up with a couple of phoine calls. I guess I don't think along those lines so I will never know.
*I don't work for Free. I would let him know his left leg is equal to $200.00. Right leg.... Interest. With a name like Mad Dog you should'nt have a problem. Good Luck.
*Mr. Maglin,Call the Med-center, tell them you're "Mel" with -insert the deadbeat builder's company name here- and that part# so and so on the louver has been recalled by the manufacturer(it's toxic or something), and that you'll be by to remove and replace the so and so, blah, blah. Remove the doohickey, replace it with a piece of plywood..."someone from deadbeat builder's company will be by in a couple of days to replace it, here's deadbeat builder's card if you have any questions". Make sure that you've worn gloves and a phony mustache, and some bogus glasses, and park your truck far, far, away from the Med-center. Take the louver back where you bought it, get a refund if you can. Then forget about the $200.00.Actually, I once got a little impatient with a builder's idea of prompt payment, 6 weeks. I gave him a call out of the blue after having documented my requests for payment, left a message kinda like this on his voicemail..." I drove by 1234 main st the other day, and couldn't help but notice a wave in the roof sheathing(he hadn't shingled yet, he's slow about more than pay), Jimbob and I will stop by later and pull some sheathing off, see if we can't fix that wrinkle...oh yeah, I also saw a bulge in that kitchen wall, we'll probably have to pull some siding too." Not 10 minutes later builder man calls and wants to meet at 1234 asap, we meet, he can't see a wave or a bulge, "oh, here's that check I've been meaning to give you."The Machine
*Hmmmm, I like your idea Mr. Machine.
*You could always picket. Just happened around here at a Wendys restaurant."forget the beef where's the money" D.G.B
*hey frank-sometimes i got nothin better to do than sit on the front porch or job entrance of someone who don't pay... know what i mean? depends on how much money...
*Put together a demand letter for your money with all the pertinent information and make 30 copies of it.Accidently deliver it to the wrong adresses in his neighborhood.Gabe
*Yup, the words, out. Seems the tile supplier and lumberyard are experiencing the same problem.
*Gabe, that's an interesting thought, but what about slander?Here in San Antonio, one of the large, somewhat affluent school districts has a reputation about paying. The guy in charge of construction is a retired Corps of Engineers dude, and he still thinks he's commanding troops. One GC I know has been waiting over a year for retainage on a new school project. Many of the subs inflate their cost by 10%, and then walk away from the retainage.
*Mr. Maglin,If I were in your area, I'd beg to volunteer for the role of "Mel". You'd have to slap me a couple of times afterward to stop the laughter...heck, I'm still gigglin' from writing that post. Good luck to you. Hope it all turns out well.The Machine
*Hi Ed,When someone doesn't pay, the gloves come off.The point I was making is that there is always a way to get the word out and sometimes exposing these guys is the only way.Gabe
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