Hey all, we have been doing signs for a local amusement park for a couple of years now. Every time they have been late on paying their bills. After problems getting paid, we put them on 50% down and 50 on completion. Because they need tons of signs, and could keep a small shop busy, i have put up with their slow paying. Until NOW! They have $1600 that is 4 months late. I have called their accts. receivable department every week, have talked to the park manager, and they keep saying the payment is on the way. We have also sent statements every couple of weeks. One person i talked to basically said the company was broke, and i may never see a payment. My brother and i (both 6'4" 260) are ready to show up and kick over some desks and refuse to leave without payment. At this point i wont do business with these people anymore, so dont really care if i make an ass out of myself. Do i threaten legal action, strangle the manager, what? I hear they have a great steakhouse, possibly i could take a party of 20 for dinner and refuse to pay. I am so pissed off right now, i need some rational advice. Any suggestions how to get paid, without going to jail? Thanks guys!
[This message has been edited by AZBrad (edited June 19, 2001).]
Posted by Mikes Mischeif (Member # 1744) on :
Brad, Theres a guy here who used to stand outside a car dealer with a sign when they wouldn't take his lemon of a car back. After 2 days he got a new car.
You can search this topic here and get a few great ideas that have been shared in the past.
------------------ Mike Duncan Lettercraft Signs Alexandria VA
From here on down, its all up hill.
Posted by The Moon (Member # 452) on :
Call your local Sherriff Dept. and ask for the officer in charge of escorting you to collect a bad debt. Tell them of the situation you are in with this company and that you would like to handle it "legally" and in a "calm and resposinsible manner". (Score big points with the local cops and maybe get some jobs doing thier cars?)
I know for sure that they do this for businesses collecting on bounced checks, but not positive about their policy on late payments... but it doesn't hurt to start there. Every county and state is different though- they may have the District Attorney's office handle this.
The grew up with Law Enforcement on every side of the Moon
...and it was just No Fun!!!
------------------ The Moon aka: Stefenie Harris Moonlight Designs Pollock Pines, CA learnin' somethin' new every day!
Posted by Brad Funk (Member # 1351) on :
Mike, i have considered that too. I have a large piece of coroplast i will never use. That just might be my next move.
Professional collectors say that your chances of getting paid go down really fast after 90 days.
I have had relatively good luck with collection agencies. The trick is to find one that will pursue your claim vigorously. They all claim to, but they do not.
If you are willing to take your money in food, then make a deal and start eating! Vic G
------------------ Victor Georgiou AnchorBlanks.com Jack Wills Clipart CD's & FONTS Designer Sign Blanks
Posted by roger bailey (Member # 556) on :
We use a "collection agency", first we send 2nd notice(which states" this will be sent for collection in 10 days").
Then do it in 10 days, nobody at corporate wants to explain this to the management.
We have a "very" good collection ratio just by printing that on the 2nd statement !!
Roger
------------------ Roger Bailey Rapid Tac Incorporated Waikoloa, Hawaii
Posted by Mike Pipes (Member # 1573) on :
Can you say.. free season passes for you and XX number of your best friends and family for the next 5 years AND free food and beverage at every concession within the park?
I bet you have an easier time weasling them outta free stuff than you would going after them with a collections agency.
They can always put off the Collection agency, but their actual cost to give you free stuff is so minimal, plus they can claim it as a loss.
Ya know those $1.29 cokes at Mc Donalds? McD's cost on those is about 3 cents each, including the cup, lid, ice, water, syrup and straw.
------------------ Mike Pipes Digital Illusion Custom Graphics Lake Havasu City, AZ http://www.stickerpimp.com
Posted by Glenn Taylor (Member # 162) on :
Brad, The first thing I'd do is take the matter to Small Claims court first. If they don't pay you then in front of the magistrate, the magistrate will put a lien on them for you. If they are broke, then it is important for you to get in line first when they file bankruptcy. The lien will help do that for you. If they sell the place, they will be prevented from doing so until you are paid.
We put a lien on a company some 14 years ago (I think). About 2 years ago, he called us because he was stopped from selling the property until he paid us. He tried to give us a check for the exact amount. We refused it. We wanted the interest that went with it. We got the corrected amount the following week.
[This message has been edited by Glenn Taylor (edited June 19, 2001).]
Posted by John Deaton (Member # 925) on :
I know where you are coming from Brad. I have one customer who sends me work every now and then, and it takes months to get paid. I have a bill for them now that is 120 days old. Not as much as yours, but it happens like this every time I do work for them. I sent them a notice last week that all further work between them and me would have to paid up front. I also told them they have ten days to pay the outstanding bill, or go to court. If it comes to that, I will dump them and let it be someone elses problem. I can't carry them like that. And they do million dollar construction jobs. Heck with em.
------------------ John Deaton III Deaton Design 109 N. Cumberland Ave.,Harlan, Ky. 40831 606-573-9101
You cannot collect a debt by kicking desks over and causing a ruckus. You will be hauled off to jail. You will be out 1600.00 nad have to post bail, hire a lawyer, pay court costs, and restitution to the park. Don't do it. Go to small claims court. Get a judgement and hope you can collect someday. Please do not get yourself arrested.
------------------ Jim Mulligan Cardinal Manufacturing, Inc. Indianapolis, IN
Posted by ScooterX (Member # 2023) on :
some states have what is called a "Mechanics Lien". this allows auto repair shops to hold the car until you pay them (or, in my case, motorcycles). the same law applies to the building trades - a Contractor could foreclose on your house if you don't pay for the repairs. Anything "built" or "repaired" is done by a "mechanic" (ie, a guy with tools).
Your sign business may, or may not, fit under the same category (varies from state to state). if they see you as a retailler of signs, then no go. if they see you as a builder of things, you may be in.
so, you may actually be able to go and get your signs back. true, they aren't worth much to you, but if the park is going out of business, you probably aren't going to see your money anyway. if they are still IN business, they probably want/need their signs. i expect you need to send them a certified letter saying you will come to collect the signs in 10 days unless you receive payment in full. once the ten days goes by, THEN you may be able to rope the sherrif in to coming with you.
------------------ :: Scooter Marriner :: :: Coyote Signs :: :: San Francisco :: :: don't blame me... i'm just a beginner ::
Posted by Brad Funk (Member # 1351) on :
Thanks for the replies. Today i called and talked to their accts. payable person, who told me they laid off some employees today, some had been there 20 years. He also said he could cut me a check, but it would bounce! I asked if the had a credit card, they are maxed out. Also said we are one of 10 sign shops beating down their door for late payments. Can i legally add interest if not stated in the original contract? Probably not, guess i need to add that to my work orders. How do i get paid when they claim to have no money? Thanks for your suggestions.
Brad. In this situation, once I found out that they were broke, I'd find the vendors that keep them supplied in food and drink. A local distributor might be quite interested in the fact that they might not get paid for keeping the daily crowds feed and watered.
When the food supplies stop, they will want to know who's blabbing this "gossip". When the find out it's you, you might just get that hush money your trying to collect.
Killing the enemy always works when you can cut off food and drinks.
------------------ Mike Duncan Lettercraft Signs Alexandria VA
From here on down, its all up hill.
Posted by Glenn Taylor (Member # 162) on :
Brad,
That is why you need to get a lien on the property. If they ever try to sell it, they will have to pay you. I've seen some cases where the buyer paid the lien so he could get on with buying the property.
