Replies

1. 
   mark_holbrook | Jan 10, 2001 08:08pm | #1

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   I have heard that the best way to deal with this is to actually appear in person to collect the check.

1. 
   calvin_ | Jan 10, 2001 08:18pm | #2

   *As said above and I would add, never put yourself in this position again. Whether that means contract, escrow acct., whatever or my personal favorite: payment due upon completion. I'll get draws/partials according to a schedule that is usually peculiar to each job/customer. But on that final day, the balance is due and expected. For this problem to have happened with a reg. customer is unusual and it should instill in you to get this part of your business together. Remember, banks and loan sharks are in the business of lending money. Best of luck and hoping court won't be the answer.

1. 
   bobl_ | Jan 10, 2001 09:21pm | #3

   *While no one likes court, based on the amount, you might be able to it in small claims court. Are you familiar with the lien laws in your state?

1. 
   Dave_Richeson | Jan 11, 2001 04:09am | #4

   *Agree with al three above. When I ran my remodeling buisness full time that was the hardest thing I had to learn. Friends, lawyer,doctors, and clergy seem to expect something for free, or for you to wait. My standard replie to those that tried to put me off was "gee, I would like to wait, but my son wants to eat next week." Sometimes that worked.The second thing I learned is that no matter how much I liked the client after multiple jobs,they were still clients. If you want to be nice, build something "free" into the cost of the job. Good luckDave

1. 
   Mike_Smith | Jan 11, 2001 04:15am | #5

   *small claims is your last resort.... you've already lapsed on the lien rights in most states...who would you rather face ? the client.. or your wife, when you can't pay the mortgage..?set up a face-to-face, and have it out....politely.if you think she's going dead-beat.. be ready to negotiate the balance so you can get this behind you.. if you have to start paying lawyers (other than small claims court ).. you may never get what you could already negotiate in a face to face meeting.....

2. 
   HouseDoctor_ | Jan 11, 2001 08:13am | #6

   *Yup,You need to hound her and preferably face to face. Boy, its b mucheasier to tell someone else to do it than to make myself do it...People tend to pay the bills that are making the most noise.

3. 
   DML_ | Jan 11, 2001 04:49pm | #7

   *Thanks for the feedback, folks. I've got a contract, the client is clearly violating it, it's not even a situation where she's unhappy with the work. She raved about the job and has recommended me to others (hopefully her recommendation has not included that you don't even need to pay the final bill!) It's just that a contract doesn't do much good until you have to take it to court and I'm evidently not as scary to her as the credit card companies who she's evidently also in debt to. I found out that liens in my state need to be filed before 120 days, so I'm still not over that limit. A lawyer friend recommended filing a lien so I've got recourse if she continues to not pay. Hopefully that will motivate her.Thanks again.

4. 
   Qtrmeg_ | Jan 11, 2001 05:12pm | #8

   *You might advise her that you need to file a lien by a certain date, but would much rather resolve the situation. I had to do this one time and the client said something like "Well ok, I'll have the check for you next week". I said " You don't understand, I am required to file the lien by this date, and I will have to if this isn't paid in full".I felt like a thug, but the threat of the lien did the trick.

5. 
   Frenchy_Dampier | Jan 13, 2001 09:43pm | #9

   *My best approach is an appeal to a higher authority. "Bob in the collections dept. wants to start legal action tomorrow if I can't get a check tonight". That way I'm not the bad guy, Bob is. I also am rather shameless when it comes to modifing the truth once they fail to make payments on time. My thinking is they broke their word, I'm just trying to make it easier for them to keep it. (the little white lie) " I've gotta have that check tonight, the bank examiner is checking the books tomorrow". The final technique I us to determine if they are sincere about payment in the future. "Can I get A post dated check now for deposit when you....." the beauty of that approach is that tells you if they are sincere or just stringing you along. If they give the check don't assume it will clear, but follow the deposit. If it bounces, don't take it back but put it in the bank for collection. That way you get first crack at deposited funds. Many states make it a crime to bounce checks so that gives you additional leverage.

6. 
   Mike_Langdale-Hunt | Jan 15, 2001 04:07am | #10

   *Getting MONEY after a contract is completed is a worldwide problem. In our neck of the woods, New Zealand, almost all main contracts have a "paid if paid, when paid" clause! Try getting money for a completed job from the main contractor when he is haggling for his money from the developer/owner who use contractors as a means of finance!! Legal action to enforce a debt means 2 to 3 years wait, plus heaps for the lawyers, meanwhile I still got to eat. Thankfully our Government is stepping in and such clauses will be illegal as soon as they can get a bill through the House!I now hit and hit hard after 28 days. Mike

7. 
   Robert_Haugen | Jan 15, 2001 07:19pm | #11

   *DmlFile a lien. They are usually inexpensive. Where I live, it costs about $10 to record and a lawyer is not necessary provided you follow the steps of your legislation. The legal description of the property can be obtained from the county recorder. It is important to use the legal description rather than the address if that is what your legislation calls for. Where I live, I go to the County Assessor's office and give them a street address. They give me a docket and page number of the property's recording which contains the legal description. I then go to the County Recorder's office in the same building and use their computers which are set up for use by the public to do the search and obtain the information. The legal description is then obtained along with other pertinent information. The public records are free to access.Simultaneously with the lien, file suit. Small claims where I live has a limit of $2500 and it costs $16 to file the suit in an informal manner. Where I live the summons and complaint (all in one form where I live) can be served by mail instead of a process server. Cost is about $3. I suspect that your jurisdiction has something similar. By taking both approaches, perhaps your client will see you mean business. There is nothing illegal about taking more than one avenue.

2. 
   DML_ | Jan 15, 2001 07:19pm | #12

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   Had a client who was great paying bills on time and was/is very happy with the job. Sent the bill for the final payment and she called saying she'd pay half, but that she had some additional bills and needed to wait a month to pay the rest (about $2,000). Now it's been almost 3 months. I send invoices each month tacking on an interest charge, but I need to take additional action. Last time I called, she said the same thing about she was going to send part right away, then more later. This is the first time I've had this problem, so I don't have a system in place to deal with it. Any advice?