Richard2717
New Member
Here is what I have in mine.
It is understood that the materials covered under this contract, are and shall remain the property of XXXXX LLC. until such time that the contract amount and any other amounts that are due for said materials is paid for in full, according to terms herein. In the event of default in any of the provisions herein, XXXXXXX LLC. shall have the right to enter upon the premises and take possession of the materials. Also XXXXXX LLC is released from any liability for damages of any kind, or character resulting from the removal of said materials, whether the damage be to building, premises, or otherwise. XXXXXX LLC. may further enforce its rights to possession by any legal action or any other method or combination of methods available. Purchaser specifically waives any right to a hearing prior to the immediate possession thereof by XXXXXX LLC Removal of materials consists of the removal of all materials used in the removal and re-installation existing signs and or lighting, and does not include the removal of the concrete base or any permanent base materials which was installed to erect the signs and or lights.
In the event, the customer shall breach this contract, including default in payment the entire contract balance shall become due immediately due and payable. In the event that this contract, upon default of any provisions herein, be placed in the hands of an attorney for the purpose of collection, the customer agrees to pay a reasonable attorneys fee of 30% of the amount due hereunder, together with court costs and interest from the date of judgment, including actual costs or physically repossessing the property.
With that said I have enforced it on 4 occasions. On 3 of those occasions everything worked exactly as outlined in the contract. I made numerous attempts by phone, in person and by certified mail. In the certified mail I stated this would be the last attempt to resolve the situation between us and non payment after 10 days of the letter would escalate to the next level. No attempt was made to contact me during those ten days even though I got the certified pc back signed by the customer. 5 am on a Friday morning I showed up and removed said signs from business. 10am I get a call from him letting me know I stole his signs. I told him to read his contract, then show me where he paid it in full. He could not and then changed his attitude from hard ass to pleading with me to come put them back up ( was a popular restaurant) and he would give me a check after they were back up. I told him that is not how it works at this point and that option expired at the end of the 10 day letter. Now you will need to come to my office with cash for the balance owed, The $xxx for removal of the signs as well as $xxxx for reinstalling the signs. If it will involve us working after 130pm today overtime will cost you this much. It ended up that he brought me cash late that afternoon for everything except the overtime. He told me early Monday would suffice. He shook my hand & said if I had known you were serious I would have paid you and I respect you for being true to your word. That was 15 years ago and I have done several more locations since without issue.
That was the best case scenario. 4th repo I did, almost landed me in jail. Different jurisdiction and the customer happened to show up before I got it completely down. They called the cops. Cops were going to arrest me for trespassing even though I had the contract showing he ok'ed me to do it. They explained they were not allowed to interpret a contract all they were allowed to do was enforce the written law. It ended up working out in the end because the guy turned on the cops and would not let them handle it. (was a foreigner that thought he could talk to them any way he pleased) I was 2/3rds of the way removing the pole sign when they showed up. He wanted me to put it back up which I refused to do. I told the cops it was unsafe to leave as is but I had done enough work for free. They allowed me to finish removing it and I did eventually get paid to put it back up. But it could have turned bad real quick. I have not done any since because I try to be paid same day now if possible. What used to work probably does not any longer.
If I do happen to get stiffed on something now I just walk away. If you take them to court, most of the time it is a waste of time and more money. If you do get a judgement you most likely will never collect it or the lawyer ends up with the bulk of it
It is understood that the materials covered under this contract, are and shall remain the property of XXXXX LLC. until such time that the contract amount and any other amounts that are due for said materials is paid for in full, according to terms herein. In the event of default in any of the provisions herein, XXXXXXX LLC. shall have the right to enter upon the premises and take possession of the materials. Also XXXXXX LLC is released from any liability for damages of any kind, or character resulting from the removal of said materials, whether the damage be to building, premises, or otherwise. XXXXXX LLC. may further enforce its rights to possession by any legal action or any other method or combination of methods available. Purchaser specifically waives any right to a hearing prior to the immediate possession thereof by XXXXXX LLC Removal of materials consists of the removal of all materials used in the removal and re-installation existing signs and or lighting, and does not include the removal of the concrete base or any permanent base materials which was installed to erect the signs and or lights.
In the event, the customer shall breach this contract, including default in payment the entire contract balance shall become due immediately due and payable. In the event that this contract, upon default of any provisions herein, be placed in the hands of an attorney for the purpose of collection, the customer agrees to pay a reasonable attorneys fee of 30% of the amount due hereunder, together with court costs and interest from the date of judgment, including actual costs or physically repossessing the property.
With that said I have enforced it on 4 occasions. On 3 of those occasions everything worked exactly as outlined in the contract. I made numerous attempts by phone, in person and by certified mail. In the certified mail I stated this would be the last attempt to resolve the situation between us and non payment after 10 days of the letter would escalate to the next level. No attempt was made to contact me during those ten days even though I got the certified pc back signed by the customer. 5 am on a Friday morning I showed up and removed said signs from business. 10am I get a call from him letting me know I stole his signs. I told him to read his contract, then show me where he paid it in full. He could not and then changed his attitude from hard ass to pleading with me to come put them back up ( was a popular restaurant) and he would give me a check after they were back up. I told him that is not how it works at this point and that option expired at the end of the 10 day letter. Now you will need to come to my office with cash for the balance owed, The $xxx for removal of the signs as well as $xxxx for reinstalling the signs. If it will involve us working after 130pm today overtime will cost you this much. It ended up that he brought me cash late that afternoon for everything except the overtime. He told me early Monday would suffice. He shook my hand & said if I had known you were serious I would have paid you and I respect you for being true to your word. That was 15 years ago and I have done several more locations since without issue.
That was the best case scenario. 4th repo I did, almost landed me in jail. Different jurisdiction and the customer happened to show up before I got it completely down. They called the cops. Cops were going to arrest me for trespassing even though I had the contract showing he ok'ed me to do it. They explained they were not allowed to interpret a contract all they were allowed to do was enforce the written law. It ended up working out in the end because the guy turned on the cops and would not let them handle it. (was a foreigner that thought he could talk to them any way he pleased) I was 2/3rds of the way removing the pole sign when they showed up. He wanted me to put it back up which I refused to do. I told the cops it was unsafe to leave as is but I had done enough work for free. They allowed me to finish removing it and I did eventually get paid to put it back up. But it could have turned bad real quick. I have not done any since because I try to be paid same day now if possible. What used to work probably does not any longer.
If I do happen to get stiffed on something now I just walk away. If you take them to court, most of the time it is a waste of time and more money. If you do get a judgement you most likely will never collect it or the lawyer ends up with the bulk of it
