Dead Beat customer

[G-Artist]

Maybe you missed my 2nd post in this thread.

I have repossessed one sign and assisted on 6 others (because he is my electric truck
guy and high sign installer and I can use sweat equity vs. cash when I help him out).

I posted an answer from a FAQ that was written by the State of CN's legal aid folks just
to show I wasn't bullshitting that repossession is lawful.

Also, everyone who has ever financed a motor vehicle knows about the possibilities of their
car, truck or boat being taken in the middle of the night or from a parking lot in broad
daylight for non-payment. Do you think that only institutional lenders such as banks,
credit unions and the like have that right? Not hardly. Every creditor (that is anyone who
carries the note) has that right pursuant to their state statutes. The laws can
and will vary from state to state but repossession is legal in all 50 states AFAIK (assuming
all the original paperwork is in order).

One time we were in a parking lot at 3:00 a.m. and had the local cop show up.
He asked us what we were doing and we told him we were pulling the pan faces.
He asked why we were there at that time of night. We simply pointed out that
the plaza is busy all day and the night club there uses every parking space there
is and they don't close until 2:00 a.m. so there was no way to get a truck this size
in at any other time except early Sunday morning and we reserve that for church.
So, he's looking at this huge crane truck fully decorated with 'sign' logos and figured
we were cool. Handed him my business card and told him if he had any concerns
this is who I am. I also taped one to the R.E. co's door to let them know it was
me who was there. Believe me, if what I was doing wasn't lawful, I wouldn't have
been there w/o a court order and calling the cop house first to inform them of
the time, place and manner of our sortie. If that sign was somehow within a padlocked
enclosure I would not cut the lock to get to it. Nor would I take it from within a
fenced area even if I could reach it with the crane by telescoping over the fence.

Was I threatened by the R.E. broker making noises about theft, burglary, et al?
Damn straight I was. I told him to take his best shot and gave him the name of
the cop who witnessed the taking. Three days later we went to his bank where
I got his check and converted it into a cashier's check and he had his signs back
exactly one week from the day we took them.

 

[bob]

...merciful deletia...

Also, everyone who has ever financed a motor vehicle knows about the possibilities of their
car, truck or boat being taken in the middle of the night or from a parking lot in broad
daylight for non-payment. Do you think that only institutional lenders such as banks,
credit unions and the like have that right? Not hardly. Every creditor (that is anyone who
carries the note) has that right pursuant to their state statutes. The laws can
and will vary from state to state but repossession is legal in all 50 states AFAIK (assuming
all the original paperwork is in order).

...more drivel confirming that you don't know your ass from a hot biscuit mercifully deleted...

The difference, Clarence Darrow, is that with autos etc, the auto or whatever is explicit security for a note, an actual legal contract. The buyer agreed to the possibility of repossession as part of that contract. This is not in the same universe as letting merchandise out of your grasp without any such instrument.

Even at that, the act of actual repossession even with the proper paperwork does not indemnify the repossessor against trespass and other decidedly criminal charges.

 

[Pro Signs & Graphix]

One of the most important things, and often overlooked in the sign industry, are contracts and their language. In most cases there are "remedies of lien", IF and only if the paperwork and contract are in proper order. Sometimes this even includes the added expense of filing a lien. It is also often necessary to get notarized permission from landlords/property owners before any contract is even entered into. It varies from state to state, county to county BUT it is the contractor's responsibility to know what it is necessary to have an enforceable contract.

One thing that does not vary is that it IS ILLEGAL to try and repossess any property once the installation is complete - unless all the docs are in order. Once something is installed on someone's property, it IS theirs - again...unless all the docs are in order.

To the OP - It should be a free call to contact the local State or District Attorney to see if there are any remedies other than civil litigation.

 

[Gino]

Okay G.... let's just pretend what you said in post #41 is true..... and no, I didn't miss your second post. I didn't believe you the first time, so what makes you think I believe you just because you say it with harsher words and more authority ?? However, like I said... let's pretend you're telling the truth for a few minutes.

Was this really an official cop or just some night-time rent-a-cop ??

• Anyway, he has no authority over a civil matter. I would assume you had the permit to be out there again at 3am to do your work ??
• Did you show that to the cop or did he forget to ask to see it ??
• Who pulled the permit for the repro ??
• Most work must be conducted between certain hours and your time sounds like a midnight heist.

Around here, the only thing you can be doing on a crane or other work type trucks in the wee hours of the morning is snow-plowing, taking down Christmas decorations or you better be a state worker repairing broken water mains or downed electric lines.

You aren't allowed such stupid excuses that the mall is too busy doing the day or a club uses too many parking spaces. If pedestrians or parked cars are close by, you need to use pylons or rope the area off to keep it safe while you do the work specified on your permit. Usually a mall parking lot will carry a ‘Blanket Permit’ for this work, but they must be notified and I don’t believe there is s stupid sole alive would let you do the obvious stealing you were doing that night to take place, regardless if your customer has paid you or not.

You were just lucky that your dazzling BS story got you past a dumb cop or……. one that didn’t want any headaches that night.

Nope, I still don’t believe you. G, it’s very simple. Either you know how to make a binding contract with someone or not. Collection of your money is not supported by taking your ‘Said Wares’ back if the other guy tries to take you to the cleaners. Being a bully does not win out over following the law. This ain’t paper, scissors, rock…. it’s life situations and how you or others fare in the game.

It doesn’t sit well, when someone insists upon something that he did illegally, got away with and then makes it sound like anyone can do it. If giving out information like you’re doing can get one reader here in trouble…. it will be your fault and yours alone, so please try to conduct yourself with a little more care.

Thank You​

 

[Techman]

This thread has more and more instances of a few who only think they know the laws and continue pretending to be a legal eagles. Some are just plain wrong and really need to check with a competant professional and find out the real laws in there own area.

Some sign makers are in limbo with over business law. Get the facts first then act. I call it the STAR.

Stop!
Think.
Act !
Review!

 

[JimJenson]

Hello Everyone,
I would like some advice on how to handle a dead beat customer. The customer owes me nearly $4000 in installation charges. He has paid $1000 of it. His second payment of $1500 bounced which caused $670 in overdraft charges. He is now not answering phone calls, emails, and certified letters. What else can I do to get this person to pay-up.

Any suggestions or advice would greatly be appreciated.

How on earth could a bounced check for 1500$ cause 670$ in overdraft charges?