repo

[bob]

That someone did not pay you is a civil matter. Running out and repossessing whatever it is they didn't pay for is a criminal matter. Know the difference and know that the two thing have little to nothing to do with each other. Stealing you work back, and make no mistake in the eyes of the law, it's theft, will land you in a cell where you can perform as Big Bubba'a butt boy. No matter how much they might owe you. No matter if they stole if from you to begin with.

Small claims court is a handy remedy but you can't just ease into the courtroom and merely tell your story. You have to have actual documentation, even as to matters of law, to back up everything, as in everything, you plan on saying. I know this from actual practice, not just from reading about it.

 

[CJ-NYC]

There are laws to help you and protect you, but if you go about it wrong, those same laws will work for the other guy and totally against you.

Be careful and govern yourself accordingly.

Gino is right -- taking down the signage isn't going to help you.

Years ago I did a number of event banners for a client, and they just flat out refused to pay -- they used the banners for their event, we went to small claims court, showed the photos, etc. In the end it didn't really matter. If people don't want to pay you, they don't have to. It's not like the old days, when that sort of thing got you shipped off to debtor's prison!

I wouldn't go the court route necessarily. It feels more like a work program for lawyers, and not about getting paid or redress. Your best bet might be to just talk to the client in a friendly way and ask them to pay what they can, as they can. If they really don't have the money, then taking them to court would be pointless. You can't get blood from a stone. If the final balance takes 30 months to slowly trickle in, that's better than nothing.

 

[Johnny Best]

That someone did not pay you is a civil matter. Running out and repossessing whatever it is they didn't pay for is a criminal matter. Know the difference and know that the two thing have little to nothing to do with each other. Stealing you work back, and make no mistake in the eyes of the law, it's theft, will land you in a cell where you can perform as Big Bubba'a butt boy. No matter how much they might owe you. No matter if they stole if from you to begin with.

Small claims court is a handy remedy but you can't just ease into the courtroom and merely tell your story. You have to have actual documentation, even as to matters of law, to back up everything, as in everything, you plan on saying. I know this from actual practice, not just from reading about it.

I think Big Bubba is a member of Signs101.

 

[Gino]

I think Big Bubba is a member of Signs101.

Yeah, he lives out near Pittsburgh................

 

[equippaint]

Id venture to say you have 3 potential remedies, , payment plan, court and/or a property lien. As was said, each state will be different about lien rights. You usually have a short amount of time to file a notice to owner and some states require this to be done on the front side. If you don't do the NTO, you can forget about any lien rights. If you do work that will hurt you if a customer does not pay, get in the habit of noticing every single job no matter who it is for. Unfortunately, a lien doesn't guarantee a quick payment, a property owner could carry a lien for as long as they own the property. Most states will only give lien rights to 1st tier subs. So if the GC contracted a site contractor and you were contracted by the site guy, you typically wouldn't have any lien rights and need to be more diligent on collection.

I don't know the ins and outs on these larger sign installs but would it be possible to "demand" payment at the time of install before you are 100% done. I may be wrong but I think as long as you are still in process of installing and havent completed it you are within your rights to remove it. Once its done and you leave you're not anymore. Or do a better draw schedule, 50% down, 40% to schedule install, 10% when complete.

Going the route of court, there are only 2 winners; the defendants lawyer and the plaintiffs lawyer. Small claims may work if it is under the damage threshold but even if you get a judgement, you still have to figure out how to collect it. To me, that is pointless. They don't need a court to tell them that they owe you money, it sounds as if they aren't denying it. Best suggestion I've heard is to sit down and try to work up an amicable payment plan, get what you can and move on. It really stinks being burned but it happens to many of us. Trick is to limit it as much as possible but expect it occasionally. Be careful with new businesses too.

 

[bob]

...Small claims may work if it is under the damage threshold but even if you get a judgement, you still have to figure out how to collect it....

Once upon a time back when I was a corporate warrior, my boss got off a PSA flight in San Jose CA. At the time at this airport you exited the airplane down a set of stairs onto the tarmac and then walked into the terminal. When he was making for the terminal something dripped off of the airplane and thoroughly stained his leather sport coat.

He complained to PSA. PSA sent it off to be cleaned. When he got the coat back from the cleaners it was well and truly ruined. He complained to PSA. PSA said that they had it cleaned and that was that and shined him on.

He went to small claims court. PSA didn't show up. He got a default judgement. He filed a lien. He and a sheriff's deputy marched into San Jose and served the lien on one of PSA's planes that was about to board. It wasn't going anywhere, it was now pretty much his property. PSA broke the land speed record paying him full price for the coat as well as his costs in the whole affair.

True story.

 

[Gino]

Ya hafta be creative...... and that truly was.

We have one, also. Had someone try to skip out on us, so we sued him and his company. Ended up, he told me to go pound sand as nothing will ever stick. He had his whole bankruptcy thing planned out. However, of the many companies filing suit against him, we were the only company to pay an extra $65.00 for personal suit against him. He wore an ankle bracelet for almost year and then went to jail for breaking some violations and we were paid in increments from his jail cell over the next 3 years. took a while, but we were paid in full with extra costs included and he was still in jail. We were the only company to receive any monies from this joker.

Having done this, I tell anyone who threatens me, I will see them in jail, that I've already done it..... just try me. No one has owed me a lotta money, unless I let my guard down, then it could happen, so I try not to let me guard down. We've been mighty successful in the last 20 years.

 

[cwb143]

When customers do not pay their bill we show up and ask for the owner or manager to inform them that we are here to repo their sign. It doesn't take long before payment is made in full.
Just showing up and going through the motions is most times enough for them to pay up.

I can definitely see that happening. Thank you!