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Getting paid

Started by Woodboogah, June 06, 2012, 01:42:41 PM

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Woodboogah

This is the first time this has happened to me.  I have not been paid from a past job.  I have contacted the homeowner, they said they would send a check, I have been patient.  I waited until the end of May, still have not received payment.  In your opinion what was the best action taken to get your money!!?  Thanks.
Keenan Logging & Tree Care, LLC

metalspinner

I do what the little voices in my wife's head tell me to do.

tcsmpsi

What kind of a job?  How many times have you contacted them since they have owed you?  What was your agreement with them?  Was it written or verbal? 
\\\"In the end, it is a moral question as to whether man applies what he has learned or not.\\\" - C. Jung

Woodboogah

The scope of the job was just a cleanup left behind by a free tree removal co.  I agreed to come in clean up, cut some stump lower, nothing fancy, straight forward.  So while I was there the homeowner started to ask me to put some aluminum trim up, take shutters off there house.  I said if time allowed I would see what I could do just trying to be nice.  Well, I never got around to it.  I had a phone conversation after the fact with the homeowner and she stated that she had to have someone else come in and take the shutters off and replace trim so she was deducting that from the pay.  I kept my cool and explained that I was not in the home repaid business and that was never part of out contract, only if time allowed.  Since the end of the job in April, there has been email contact as well as one phone conversation.  I have an Email that states she would be sending a check by the end of the month (May).  Still have no check, and getting ticked.  Since it is a lady I have been cool and calm about it, its getting old now though.  Hope this helps a little bit.  Thanks
Keenan Logging & Tree Care, LLC

Norm

You send a  certified letter stating if not paid in 10 days you'll take her to small claims court. If she does not pay you file it.

tcsmpsi

Now, before I cut my own throat here, let me 'disclaim'....  I love womens, plumb.  ;D  Norm is right, but experience has shown that this is likely not her first similar circumstance.  After many years of bantering around with the....peculiarities of the female client ( certainly, not all) in the cabinet business, my 'straw that broke the camel's back', found myself and the client in the sheriff's office with the sheriff (an old friend of mine) where I found she had an attorney who advised her, and had been advising her (poor single mother of three) on how to stiff folks.   

Court orders don't mean much to such folks and attorneys, and fees, and time, etc can eat up a lot and they know how to tie it up.   Not to say your client is that way, but she certainly has the earmarks of it.

Much of this I say because you mentioned, " since it was a lady...". 

But then, maybe the check is in the mail.
\\\"In the end, it is a moral question as to whether man applies what he has learned or not.\\\" - C. Jung

Woodboogah

Norm-That was my first thought, and my most logical thought. 

tcsmpsi-I had a gut feeling about this woman from the get go.  Should have listened to my gut.  She cried poverty, tried to work the price down.  I told her this is the price, that's what you pay if you want me to do it, if not no problem. 

I want to just go knock on the door.  I hesitate to do this because of how sue happy people are and she says I threatened her or some other BS.  We will see what happens.  Certified letter going out in the morn.  Any other stories would be good to hear, too!
Keenan Logging & Tree Care, LLC

Raider Bill

I know a big "beefy Biker Chick that does collections ;) ;D

The First 70 years of childhood is always the hardest.

Roxie

When we have someone slow paying, we mail them an invoice with interest added or a billing surcharge.  That has always worked because they understand that the longer they take to pay the amount owing, we'll just keep adding to it each month. 

Someone would have to delay payment for three or four months before we would take them to small claims court. 

Say when

tcsmpsi

I have liens out on a few folks.  Some that have been standing over 25 yrs.  All in all, my most...productive/satisfying application has been the list on the bulletin board as one enters the shop.  "People With Obvious Intent of Non-Payment".  Though it hasn't brought me any money, it has kept some folks from entering into deals with them, and a few, "I see they got you too, huh?".   

Life goes on, and certainly some of the lessons it brings are...humbling.   
\\\"In the end, it is a moral question as to whether man applies what he has learned or not.\\\" - C. Jung

Kansas

tcempsi, I am sure you  know a lot more about liens than I do. I had a subcontractor that did some work on my house . Contractor never paid him. This guy royally screwed things up. Cost me a lot of money. Then he wanted me to pay him, and when I didn't, he put a lien on my house. Foirward to 2 years after the lien. I was thinking about refinancing the house at a lower interest rate. I called the county and they told me the liens drop off automatically after one year, and there was no lien on my property. Then a few months ago, I got a call from a collection agency trying to collect. They argued there was still a lien. I called the county. No lien. They haven't called back since.

Do liens last longer than a year where you are at? Just wondering how all this works.

tcsmpsi

Here in the great state (  ;D ) we don't have any limitations on liens, per se.  Court ultimately establishes detail and are very open as to their status.  Fundamentally, once the court establishes the order and the detail, unless it is changed by the court, it stands.

In your particular situation, since you did not carry the primary responsibility, in fact, that is such shakey ground, I'm surprised the lien stood at all.  Of course, it was likely just a matter of not having been contested that it did.

Civil matters are much more complicated and 'whimsical' than criminal matters.
\\\"In the end, it is a moral question as to whether man applies what he has learned or not.\\\" - C. Jung

Kansas

The sub contractor never followed up on the lien. He called me when he put the lien on. When I absolutely have to, I can go into a pretty nasty mode. I can also bluff. I raked him over the coals, and told him if he sued me, my lawyers would trump his lawyer. Never mind I don't have a lawyer. Let alone more than one. He didn't know that. Told him if anything showed up on my credit report, I would take care of business. Maybe in.. um.. stronger terms.  By the time I got done with him, he didn't have any fight left in him.

lumberjack48

I had a habit of getting payed first, i hated to have to ask for MY money.
Third generation logger, owner operator, 30 yrs felling experience with pole skidder. I got my neck broke back in 89, left me a quad. The wife kept the job going up to 96.

Woodboogah

I gave one last call before I sent a letter.  Someone picked the phone up, I was almost speechless, almost.  So I told her who it was and she went on and on how she knows she should pay but doenst have the money right now, etc.  I was getting a bit angry with the bs.  I told her I did work for you.  Either you didnt want to do it, or couldnt do it, you called me, I did the work, you owe me the agreed upon price.  She said she couldnt pay all at once I told her to send me whatever she could this week and i would expect that every week until she was paid off.  Hopefully I didnt screw myself.
Keenan Logging & Tree Care, LLC

Norm

Don't allow partial payments, if you do you'll have trouble going to small claims court.

Magicman

Hopefully you will be paid.  Technically, when you accept the first partial payment, you have been paid in full.

I have one customer that always splits his payment.  It is all documented on his invoice where he paid an amount and still owes the balance.  In over 10 years of sawing, I have never failed to be paid for all of my work.
Knothole Sawmill, LLC     '98 Wood-Mizer LT40SuperHydraulic   WM Million BF Club Member   WM Pro Sawyer Network

It's Weird being the Same Age as Old People

Never allow your "need" to make money to exceed your "desire" to provide quality service.....The Magicman

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