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Ever happen to you...............??

Gino

Premium Subscriber
Had a nice check coming and with some banking problems in our bank last week, things were held up for a time-being. Our bank went through a huge take-over/buy-out and it took a few extra days for things to show up. You could deposit, but things were not being credited for the next day as normal. No big deal, we put extra in ahead of time to be sure, but now I'm getting to the point of the thread.

A check was due in Friday or today and we got it today. It came from out-of-state and when we opened it..... it was made out to somebody else entirely. Called the company and they said, oh, we're sorry. Things happen. When we get the check back, we'll issue another one on our next scheduled payment day. Payment day is the 1st and the 20th for these guys. They are from Michigan, so it won't be in there for tomorrow, so we're now supposed to wait 3 weeks for this check to be issued, not to mention how long it will take to get here, from there. I usually don't handle these things, but we're talking close to $7,800. Not chump change. I might hafta get involved, but I don't think it will do a bit of good.

Any ideas of how to be ruthless when someone is over 600 miles away ?? Take a day to get there and pound on their frickin' door.
 

Fred Weiss

Merchant Member
Sounds to me like they're deliberately taking some extra time to get you paid and I wouldn't doubt that the possibility is high that the wrong check was sent intentionally. They should be jumping through hoops to get a replacement check out to you immediately if they made an honest mistake. Were I you, I'd be on the phone telling them that waiting for the next cycle is not acceptable and that you absolutely require a new check sent to you by next day air.
 

Gino

Premium Subscriber
Sounds to me like they're deliberately taking some extra time to get you paid and I wouldn't doubt that the possibility is high that the wrong check was sent intentionally. They should be jumping through hoops to get a replacement check out to you immediately if they made an honest mistake. Were I you, I'd be on the phone telling them that waiting for the next cycle is not acceptable and that you absolutely require a new check sent to you by next day air.


No doubt in my mind that's what they're doing. All the information was correct. Correct amount, correct address, correct invoice numbers.... everything, but the wrong name on make payable to :

I want to make demands and tell them this, that and whatever, but I can't be forceful from 600 miles away. They'll just laugh at me... and when I show my anger or make my demands, they'll laugh even louder. I'll probably call them, but I doubt it will do any good.

Ya know, it's really something........ people sign quotes, date them and make them binding in a court of law. Send out the deposit and then at the last minute, do things their way and tell you to go f*ck yourself if you don't like the new rules. I never agreed to this and they didn't either. They're just strong arming me and I can't really do anything about it. :wavingflag:
 

decalman

New Member
I don't mean to worry you, but it sounds like they are playing games. These things do unfortunately happen. ouch. when they do.
3 weeks to wait, thats a long time to to be hanging. I once had a guy beat me for major , major $$$ . I dreamed of doing all kinds of things to him. I'm glad I reframed. I never got the money, but I never went to jail either.
Maybe a lawyer should be consulted. Best of luck with this thing.
.
 

Billct2

Active Member
Do you have anything in the contract about charging interest on overdue invoices?
If so, overdue is overdue no matter the reason.
 

Correct Color

New Member
Not sure what bank you use, but if you use a bank that has automatic deposit ATM's, you might try just running it through one.

I don't think humans ever see those checks, and they could probably be made out to Santa Claus and endorsed by The Easter Bunny and still pay.
 

Gino

Premium Subscriber
Do you have anything in the contract about charging interest on overdue invoices?
If so, overdue is overdue no matter the reason.


Yes, that's standard in every quote and invoice. We have the authority to use it, but will we be able to collect it from so far away and out-of-state ?? Yes, but not without a lotta headaches. In the end, those things are usually just a threat. Hardly ever hafta use it, but it looks good and official. These big companies have lawyers on staff, just to p!ss ya off and drag things out.... not making it worth your while.

If they were less than 8 or 9 hours away, I'd take a day to go collect $8,000. Eat good on the way back, too. In fact, make it into a pleasure trip coming home, but I don't wanna do it, nor do I have the time to be chasing down what's mine. Perhaps, if the posts start coming in and riling me all up, I just might make a phone call and demand a next day air delivery of the check.
 

DerbyCitySignGuy

New Member
When we get the check back, we'll issue another one on our next scheduled payment day.

Whaaaaaat? How big is this customer and how often do they buy from you?

Assuming you've already politely requested that they remit payment immediately, you don't really have a whole lot of options. At least none that won't get you into trouble. Draft a final payment request, if they don't pay you, get a lawyer involved. The threat of a lien(s) often gets people motivated to pay.
 

Gino

Premium Subscriber
Not sure what bank you use, but if you use a bank that has automatic deposit ATM's, you might try just running it through one.

I don't think humans ever see those checks, and they could probably be made out to Santa Claus and endorsed by The Easter Bunny and still pay.


Never heard of that one.
 

Correct Color

New Member
I bank at Wells Fargo and I haven't made a deposit with a teller in years.

I use ATM's and after entering my card and PIN, the machine opens a little door, sucks up the check, reads the amount, and the deposit credits that day.

I think it looks for an endorsement, but I can't imagine it can read my scribbling. And on the front, it accepts checks made out to me personally, or to Correct Color. So I imagine all it's actually reading is the amount.
 

Gino

Premium Subscriber
Whaaaaaat? How big is this customer and how often do they buy from you?

Assuming you've already politely requested that they remit payment immediately, you don't really have a whole lot of options. At least none that won't get you into trouble. Draft a final payment request, if they don't pay you, get a lawyer involved. The threat of a lien(s) often gets people motivated to pay.


That's the whole game. They will pay and I know they will, but on their frickin' terms.

The customer is a very large company and has facilities all over the country. I was happy to be doing business with them, but not so much anymore. They told me my balance check was late, due to paying on the 1st and 20th of each month, That's how I knew when it would be here within a day or so, but they say they goofed. Sorry. It will go out on the next payment cycle, AFTER they get the returned check. I feel like telling them I burned it. So send it out tomorrow. Oops, looking at the calendar, the 1st isn't til next Tuesday, so maybe I'll make the date. I thought it was tomorrow. Still, this takes a lotta gall to not pay someone for services rendered and correctly.
 

DerbyCitySignGuy

New Member
I bank at Wells Fargo and I haven't made a deposit with a teller in years.

I use ATM's and after entering my card and PIN, the machine opens a little door, sucks up the check, reads the amount, and the deposit credits that day.

I think it looks for an endorsement, but I can't imagine it can read my scribbling. And on the front, it accepts checks made out to me personally, or to Correct Color. So I imagine all it's actually reading is the amount.

Depending on the type of account, there could be an ATM deposit limit. It might not take an $8,000 deposit.

Couldn't hurt to try it. If everything on the check is correct except for the "PAY TO" line, I don't think it would be considered fraudulent to try and deposit it. If you go this route, I would maybe think about treating the money as "not really there" since the bank may come back in a couple weeks and be like, "Hey, did you know...?"

That's the whole game. They will pay and I know they will, but on their frickin' terms.

The customer is a very large company and has facilities all over the country. I was happy to be doing business with them, but not so much anymore. They told me my balance check was late, due to paying on the 1st and 20th of each month, That's how I knew when it would be here within a day or so, but they say they goofed. Sorry. It will go out on the next payment cycle, AFTER they get the returned check. I feel like telling them I burned it. So send it out tomorrow. Oops, looking at the calendar, the 1st isn't til next Tuesday, so maybe I'll make the date. I thought it was tomorrow. Still, this takes a lotta gall to not pay someone for services rendered and correctly.

Deposit that sucker and don't say anything to them. Then if it comes back to bite you on the rear, just play dumb. "Oh, sorry. We just deposited a bunch of checks, I didn't mean for that one to go into the bank. Oh well, these things happen. You know?"

[Edit: Asked a friend who works in a bank about this. They said deposit it in the ATM and forget about it, but maybe watch your account for 10 business days.]
 
Never heard of that one.
I used to be a banker and not sure how they do it in the states but in canada the chqs are looked at when they are issued through what is called proof ( encoding along the bottom) and that is how post and stale dated chqs are caught.

the comment that you should call and let them know that the 2% late fee will be issued might be start. I might even call the client who placed the order with you and ask that he/she look into and issue the payment ASAP

You are right that this is starting to happen a little too often, just recently a client who is on 50% up front and has placed numerous orders now says that is too much hassle so he says he will pay when we drop off the signage each time.

Gone are the days of a good old hand shake that meant something
 

decalman

New Member
You might want to consider hiring an attorney to write a threatening letter, demanding the past due amount. Might cost 2 or 300. dollars. I'm not sure. A legal secretary is just as good, and cheaper than a typical sleazy lawyer.
I'd probably just keep on the phone with the company, pleading poverty. Don't laugh. It sometimes works:goodpost:
 

2B

Active Member
we have had a couple of time when the wrong name was placed on the check we cross it out with a single line and then write ours on there.
knock on wood they always go through just fine.

sounds like you are getting the "scenic view" road map
 

decalman

New Member
we have had a couple of time when the wrong name was placed on the check we cross it out with a single line and then write ours on there.
knock on wood they always go through just fine.

sounds like you are getting the "scenic view" road map

That's a brainstorm. Lets hope he's still got the check. If not....:Oops:
 

player

New Member
I would NEVER threaten lawyer unless I was out of options and prepared to spend the $350-$500 per hour lawyers charge to take your case to court. Once you call "lawyer" the client will no longer talk, as anything they do or say might be used against them. Everything stops until you get your lawyer talking to their lawyer. A lawyer's letter may work, but for me, it's a last resort.

I definitely would NOT threaten a client who sent me $7,800 with the wrong name on the check and promised to replace it.
 

rossmosh

New Member
The question is do you want them as a customer anymore? If you want them as a customer, you have to take it on the chin and wait 3 weeks. If you don't, then you call them up and tell them to replace your check today. Whether they will do it or not is another story.

I'm just baffled in general by the idea that people/businesses/organizations continue to think it's okay to screw with small businesses. You ordered what you ordered. We've worked together getting your project together. Now it's time to pay the bill. What's the hold up? You don't walk out of Best Buy thinking you can pay them whenever.
 

Gino

Premium Subscriber
The question is do you want them as a customer anymore? If you want them as a customer, you have to take it on the chin and wait 3 weeks. If you don't, then you call them up and tell them to replace your check today. Whether they will do it or not is another story.

I'm just baffled in general by the idea that people/businesses/organizations continue to think it's okay to screw with small businesses. You ordered what you ordered. We've worked together getting your project together. Now it's time to pay the bill. What's the hold up? You don't walk out of Best Buy thinking you can pay them whenever.

I don't fire customers, not usually. I know I'll get paid. The question is like you said, why are big businesses messing with people's livelihood ?? Papers were signed, details worked out, proofs back & forth, pictures of all final installations, confirmation on all fronts and all kinds of other communications. How is it, such a stoopid mistake on their part, constitutes me waiting longer for my money ?? That wasn't part of the agreement. I can wait the extra time, but why should I ?? Where did we discuss payment being close to 6 or 7 weeks late, because they can't get their act together ??

Nope, I won't fire them, as they already told me they have lotsa other things needed, but I will not let them bully me, without them knowing nothing in the future will work the same. I will either demand higher wages or more strict payments with all the loopholes avoided..... or at least those which I can think of.

It's getting to a point where the disclaimers are getting longer than the quotes.
 
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