Customer won't pay !! What would you do?

[SCOTTD]

First and foremost get 50 % up front EVERYTIME!!

We letered up 3 work trucks for a comapny , they paid each time .

last truck i didn't take a deposit and now they won't pay they say they are low on cash (BOO HOO) .

they finally wrote a check , it's no good!!!

What would you do , legally?

Can I file a lien on the truck ? I have the vin #

I also would like to turn the check over to the sherriff's dept.

anybody got any magic cures for this ??

 

[vinylink0331]

How much do they owe you?

 

[SCOTTD]

$350.oo dollars

 

[Billct2]

A bounced check is a lot of leverage, that was a mistake on their part.
Let them know that unless they bring cash to cover the check and bounce fee you will
have to turn it over to the cops.

 

[weaselboogie]

But they WANT to pay, right? They're not denying the service or quality? I don't think you should go completely drastic right away, you might piss them off and lose them as a customer (which might not be a bad thing). Talk to them and see if they have thought of any plans to get you paid. Everyone runs into financial trouble every now and then. Maybe you could set them up on a net 30 and let them know nicely that you'll be pursuing legal action past that date. Of course make them liable for any costs associated with the bounced check.

 

[Sign_Boy]

Did they sign anything?
If so invoice them again and make sure to add the fee for the bounced check.
If they don't pay remind them that they signed off on it, if that doesn't get you anywhere tell them you are going to have to peruse another avenue to get paid for the services that you provided. That should do the trick.

 

[SCOTTD]

I have gave them several chances over the past month and half the owner won't return my calls.
They say they are happy with the work.

I know you can draw flys with honey and i have been very kind about this.

Being cordial is about to go out the window..

 

[SignTech]

So they have paid you in full in the past. Kool.

Now their out of money. You got complacent on this last one. <didn't take 50% down>. Besides in our house $350.00 is paid up front.

Anyway ... make a copy of the bounced check and charge the appropriate fee for the bounced check. Add it to the invoice. Send them a new invoice for the original job and the check fee.

After 30 days if they do not make any payment ... then send a second letter and invoice.

In this invoice explain that you prefer not to submit the bounced check to authorities and you require full payment within 15 days.

No payment? Then take legal action.

Moral: Don't be complacent if at all possible. Also do not do anymore work (for the customer) without FULL payment upfront.

Good luck.

 

[Checkers]

If your original contract didn’t have any notes about returned check fees, finance charges, etc., you may not be legally allowed to add them now.
I would first try to negotiate with the client to come to an amicable solution. If it works, put the agreement in writing! If that doesn’t work, contact your attorney and let him (or her) handle it.

Checkers

 

[Sign_Boy]

What kind of service do they provide?
Just wondering.
I know it's off topic but....

Shoot a month 1/2 they could have paid it off in installments.

Send them a certified letter with a return receipt.
They'll get it and you'll have proof.
In the letter include the invoice with the fees for the check.
State that payment is due by such and such date.
If they don't pay by that date take the bounced check to the local
PD and file the proper paperwork, you shall get paid.

 

[gabagoo]

I would try and get installments from them. $350.00 is not a lot of money and probably not worth your time to pursue through the courts which usually ends up costing you more in time alone.

 

[Sign_Boy]

I would try and get installments from them. $350.00 is not a lot of money and probably not worth your time to pursue through the courts which usually ends up costing you more in time alone.

It probably would not end up in court and $350.00 is a good amount of money - Car Payment - Phone Bill - One WEEKS worth of gas -

Good luck let us know how it turns out

 

[imaSIGNr]

Give them a little more rope, then it's a 30 second drive by and some paint stripper.

 

[Techman]

would like to turn the check over to the sheriff's dept

This one is easy. take it to the sheriff ,, you will get your money.. fees are set by the state so there is no worry about if its on the contract or not.

You got this guy by the nads. He wrote a bad check. Now he has to recover it or its big trouble. In many states that amount is a felony charge. So take it to the authority and get your money. Its that simple/

How. check with the sheriff but usually you have to send out a registered letter and give the guy 10 days to pick up the check. Do not use any threatening words because that could be twisted into extortion. You state has specific words but usually they are along with..

"Dear deadbeat.. You bank returned for check in the amount of XXX . You have ten days from the date on this letter to retrieve it or it will be turned over to the sheriff for collections. The amount is XXX plus 25.00 (whatever is allowed by state law)..

Send it to his last known address reg'd and keep the return reciept. When the receipt comes back either signed or unsigned that's your time to go see the sheriff. This system works. The sheriff will get the money plus allowed fees plus his charges.

No need for any other foreplay because he gave you a bad check. All other advice about negotiating, or being nice, going to court or whatever is bogus. That bad check is your ticket to getting paid.

 

[THATgirl]

I have a salesman friend, who is great with people. He dresses well, is very intelligent and takes no crap. He is also very large. I have had him pay a customer a visit just to ask why they haven't paid. If they BS and have no good reason, he begins to remove their sign from the wall, vehicle etc. all the while talking and being fairly nice about the whole deal. He then proceeded to get the guy to go to his bank, withdraw the cash he owed and pay right then and there.

I know this isn't probably legal or nice. But neither is stealing.

 

[R08]

The squeaky wheel gets the grease. Chances are he has other creditors hounding him. If you don't tack on interest and call him (daily) you won't be at the front of the line.

 

[RSR571]

Some people suck! But a bounced check is great leverage, I had a customer that wrote me a check for 13,500 and it bounced and we ended up going to court and here in Utah if you do not make the check good within 30 days of notice you can get a judgement for double. So the guy ended up getting me a cashier check for 27,000 dollars, took about 1 year and a half from start to finish but he did end up paying. I will always try to work with people and set up partial payments, maybe break it into 3 months but only if you get something right now. I hate collecting on past due accounts and right now it seems like everyone is low on funds. Good Luck

 

[wildside]

i would settle down, 350 is not enough to ruffle my undies i guess

if he bounced a check, send it through your collection agent and be done with it...i don't get the quick "call to sheriff dept!"

pressure like that usually results in nothing happening, everyone in this area that pushes hard like that, usually goes through the court, gets a judgement and still no money...if they will not pay they will not pay simple as that

yes i have been burned, and in the middle of being burned for more than that, but i have confidence in my collection agent, she is very professional and diligent.

we have called a bank every day for three months asking if a returned check would clear that day and keep getting told no, then one day they said it would before 3pm, got a cashiers check and over with it, in the mean time developed a relationship with that bank and have been getting steady orders from them...

 

[Techman]

i don't get the quick "call to sheriff dept

Because the sheriffs office is usually the agent that collects for bad checks, That or the DA's office.
It would be a cold day in hell before I would use a collection agent and lose 30% of my money when the sheriffs office is the legal jurisdiction.

That is in most places... An unclaimed bad check is a criminal offense. It is not a civil offence.

 

[DPD]

Customer Bouncing checks and claiming cash flow problems is really a double whammy. He's probably telling you the truth about his problems but unfortunately he just made them yours.

I'd take it to small claims but I wouldn't be optimistic. What good is winning the case if he has no money? More'n likely I'd prepare to write this one off and learn from it.

Good luck with it though. I hope you get your money. BTW, I'd stop being nice. I'd just be firm but stay business like. He's confusing kindness with weakness.