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Repo Sign?
- Thread starter signgal01
- Start date
Pat Whatley
New Member
You run into a legal issue about when possession actually changed hands. Some places will say that you can't do it, some will say it's okay.
What you need to think about, though, is that if you go get them there's virtually no chance you'll get paid. Taking it to small claims court there's at least a chance they'll pay you. I'd put repossession at the end of your options.
What you need to think about, though, is that if you go get them there's virtually no chance you'll get paid. Taking it to small claims court there's at least a chance they'll pay you. I'd put repossession at the end of your options.
Craig Sjoquist
New Member
Not sure if legal ....but if in contract you own sign till paid in full would think that might help in repo.
Knows if customer is ...playing games on payment.... destroy or repo no one will see it happen
Knows if customer is ...playing games on payment.... destroy or repo no one will see it happen
Locals Find!
New Member
I don't know where your at but, in Florida once something is attached to a physical structure i.e. Building you can't repo you can only put a lean against the property and pursue small claims.
I tell my clients that want to make payments that there are plenty of finance companies out there willing to take them on. They can arrange the financing through them. Then we get paid and they can deal with them for making payments.
I tell my clients that want to make payments that there are plenty of finance companies out there willing to take them on. They can arrange the financing through them. Then we get paid and they can deal with them for making payments.
binki
New Member
A friend of mine had a similar dispute with not being paid. His solution was to go to the guys house and remove all of the outdoor fixtures such as lights, railings, anything that was screwed or bolted on.
Funny thing this guy knew who did it and paid right away. The fixtures were returned in a pile the next night.
Funny thing this guy knew who did it and paid right away. The fixtures were returned in a pile the next night.
WildWestDesigns
Active Member
Funny and I would probably have been tempted to do something along the same lines, but your friend could have gotten into big trouble for doing "self help", most jurisdictions frown on that.
showcase 66
New Member
I tell them I will make payments. First payment to get started on design, second payment at the approval of the sign, Third payment after sign is complete and ready to be installed.
For large signs or pretty much anything over $500 I dont like to take Credit cards either. If it wasnt for my video cameras in my shop, I would have been out 2500 from a sign that the guy turned around and told the credit card company I didnt have permission to charge his card. Pulled the video, with sound, and sent a copy to the credit card company and went to small claims court to get all the fees back from the guy that I occurred in the process. End up costing him around 4k by the end of it.
signgal01
New Member
Thanks all, it was a rush job that was installed when no one was at the business. Normally I send a statement with a huge late charge (not that I'm going to charge that much, just add some extra 000's) and the client will call right away and come pay. These particular customer wants to pay in "cash" but is never around to pay and won't come to my shop.
Gino
Premium Subscriber
While its safe to have surveillance cameras around, other than in bathrooms or dressing rooms, you are not at all permitted to have audio on anywhere in this country. That's considered illegal and eavesdropping which is a crime in its own. Unless you first alert someone to the fact they are being taped, you will indeed be the party in trouble.
This in fact was illustrated on television just last night and the audio part was discussed thoroughly.
theskipman_98
New Member
This is true in a lot of states. Try this on for size : http://www.techdirt.com/articles/20100420/1041329109.shtml .
Now with that said the charges were dismissed by a judge.
WildWestDesigns
Active Member
There is wiggle room if they do not have any expectation of privacy(your dressing room and bathroom examples are examples were people have an expectation of privacy). That is an iffy argument, but there have been cases to where it has been allowed. Now the question is, do you want to find out and see if you can get away with that argument? Depends on the situation that it was recorded.
I remember a case that went to the state Supreme Court(not the Federal Court, they didn't hear it) that started this at the state level(which set it up for other states to follow), where a guy had a spy cam(that also did audio) set up at the tip of his shoe that got certain angles(obviously mainly on women). The Court's ruling was that, because the women were outside their own residence, out on public streets that they had no expectation of privacy no matter how exposing the camera angle. Now if they were underage, I doubt that it would have turned out the same. Now the audio that it got was that of street traffic, but the point of it was that it was audio and they addressed that part as well. I can't remember the actual ruling write up, but I remember the end result, because I didn't agree with it, but I'm not on the Supreme Court of any level.
Now within a store, there might be some expectation of privacy, I don't know, but not in all cases would what you say applies. Another example would be going through someone's garbage. Illegal to do so within someone's house without legal authorization(expectation of privacy), but perfectly legal for anyone to do on the street(public, no expectation of privacy). The key thing is the expectation(or lack thereof) of privacy.
Oh by the way, I wouldn't really go by legal(or any other type) advice that one gets on TV. Anybody that uses the loophole of: "for entertainment purposes only not to be taken as advice" does not get my vote of confidence. Plus, they can't cover all the ins and outs of a particular situation for the layman to understand within a particular time slot.
binki
New Member
Well, you gotta love no-nonsense guys like that.
WildWestDesigns
Active Member
You're right there.
visual800
Active Member
do not go to small claims court it is a waste of your money. If you go to small claims and the customer doesnt show up they will just drop the case ALSO note that the customer your taking to small claims does NOT have to pay the fines...yep they dont tell you that when your paying your filing fee.
Sneak over there and take the sign down. your either going to get paid for it or your not. IF they do turn you in for theft you can always say something was wrong with install and sign was taken down to be repaired.
It's a damn shame you take chance on someone and your the one thats gets screwed. Dont even call them. go take sign down when they are not there and say nothing, they will call you back if they gave a damn. Ive done this several times
Sneak over there and take the sign down. your either going to get paid for it or your not. IF they do turn you in for theft you can always say something was wrong with install and sign was taken down to be repaired.
It's a damn shame you take chance on someone and your the one thats gets screwed. Dont even call them. go take sign down when they are not there and say nothing, they will call you back if they gave a damn. Ive done this several times
WildWestDesigns
Active Member
If you don't call them and you do that and try to give that BS story, they won't believe you. If you want that story about wrong install to fly, you have to show that you were in communication with them. That's how a reasonable person would act. Reasonable people don't just show up and take something and then say, oh it was wrong install, I was going to fix it. If people bought that crap, then I would a little worried.
I don't know if I'm this way because my dad is a lawyer or what, but I wouldn't resort to self help. It might make you feel better, but even if they are also shown to be in the wrong for not paying you, you can also get "zinged" for basically resorting to self help, which could in this case also be construed as theft. Just because you also successfully done what you say above, doesn't mean that you didn't commit a crime anymore then that person did by not paying you for your services.
If you have something about no payment and/or late payments in your contract and what will happen if nothing is paid then that is something else entirely.
The one thing that you are correct about is if the cost of seeking everything(court cost, time away from the shop etc) is going to be worth what you may or may not get. However, doing things illegally(which is what you are advocating) will get you in the end if you continue to do it.
I know, sometimes it sucks being honest, but that's how the ball bounces at times.
visual800
Active Member
Sir, the BS story of the faulty install is not for the non-paying customer, They already know they havent paid and they need to, they do not need to be informed that your gonna repo a sign, this is why repo trucks dont knock on front door and ask for your vehicle, they just take it. After 22 years ive taken a few unpaid signs down and I will continue to do it. I'm thinking 90% of these repos were "settled in payment"...besides the repo doesnt knock on your door and ask for the banks car back does he? Hell No he slams a bar under it and takes it
Back when i had my first non-payment I did the right thing. I filed for small claims and the client didn't show up for court. They just threw it out, LOL Well! THAT didnt work out for me. I pi$$ed away my time and money for nothing. The laws did not work for me but we all do things differently. I say repo it and take your chances. and as for the post above Yes sir I would say your dad being an attorney might give you a different sight into the whole thing. I tend to NOT look as deep into a sitatuion like you do, and theres nothing wrong with that we are all just expressing our opinion
Back when i had my first non-payment I did the right thing. I filed for small claims and the client didn't show up for court. They just threw it out, LOL Well! THAT didnt work out for me. I pi$$ed away my time and money for nothing. The laws did not work for me but we all do things differently. I say repo it and take your chances. and as for the post above Yes sir I would say your dad being an attorney might give you a different sight into the whole thing. I tend to NOT look as deep into a sitatuion like you do, and theres nothing wrong with that we are all just expressing our opinion
WildWestDesigns
Active Member
The difference between your repo and an official repo man through the bank or where ever you owe money to is that there are usually provisions in those contracts that deal with this. If a bank repo's something, I can promise you that it's in the contract somewhere that says, failure to pay for so long means I'm going to do this.
Also, I was fully aware that the BS story of faulty install wasn't for the person that owes you money. A rational person still isn't going to do that if it truly is a faulty install. Now that might actually get by some of the Huntsville PD people that I know and it might in Montgomery, I don't know, but if it does that's scary.
Like I said, if you have a contract with someone you cannot go beyond the four corners of that contract. Make provisions in your contract that states things about late and/or non payment and how it will be dealt with. If they violate that and they know what will happen to them then you have a leg to stand on. Most people don't realize all the little ends and outs of everything. Even if they owe you money and you did what you say that you did, they can still get you on charges as well. You might get them for what they owe you, but they might get you on other things as well.
Might want to reconsider that. I'm a firm beliver in making sure my ass is covered before I do something. If I can't cover it fully, it may not be worth doing. Statistically speaking, someone will eventually get you and depending on how badly they get you, all the times you avoided it before may not have even still be worth it. Courts take very dim view on people that get involved in "self help". It usually means that you have unclean hands and even if they owe you money they may not award it to you because you took matters in your own hands.
Also, if nothing else, even though you might have successfuly avoided any ill effects of doing things like that, the OP might get "zinged" the first time out.