Robert's post made me think about a simular situation I am going through. I gave a sign builder $800 to build a cabinet for me. After six weeks and many phone calls, no cabinet. I had to hire another builder, and the sign is now hanging and lit.
I have threatened, asked, & begged. Still no money back. He keeps telling me how tough times are, (duh). What would you do?? Now eight months have passed. Help, I don't want to be a turd, but I don't want to be a patsy either.
[ December 27, 2003, 06:02 PM: Message edited by: Rick Beisiegel ]
Posted by pierre (Member # 1462) on :
Ricardo, you paid him before he built it. Gross error. This is a simple case of fraud. It COULD be prosecuted beyond small claims court. Call your attorney.
Posted by Kissymatina (Member # 2028) on :
Lawyer
Posted by Si Allen (Member # 420) on :
Simple solution....call the "Vinny & Guido Collection Agency"
Posted by Laura Butler (Member # 1830) on :
I would tell him that "I understand times are tough but if he doesn't make re-payment arrangements that you will be filing the proper papers with a lawyer to get your money back." Set a certain time period that he has to respond by and tell him what the timeline is. If you haven't heard from him, go for it.
I used to sell horses on the payment plan and when the horse was paid off, I would send the registration papers. I only got stuck once when the new owner started skipping payments or checks started bouncing. I had a lawyer write a letter (cost me $25.00) and I started getting payments again.
Posted by Curtis hammond (Member # 2170) on :
Got your cancelled check? Theft by failure to deliver goods of services is a felony? easy,, call the police and make a report. He will either deilver of goto jail. It happens all da time.
I persoanlly arrested at least 3 seperate perps on this very same charge.
Some wil ltell you that its a civil matter. However, it is not and a trip to the DA likely will bring certain results.
Posted by Rick Beisiegel (Member # 3723) on :
I did not pay in advance...$800 was a deposit of half down which is pretty standard. Appreciate the input.
Posted by Camille Norvaisas (Member # 501) on :
Worse comes to worse you can claim it as bad debt on your tax return.
Posted by old paint (Member # 549) on :
run an add in the local paper, stating no one should do business with him...and what hes done to you....i bet he will come up with money, after it runs a couple days...
Posted by Rick Sacks (Member # 379) on :
We make it a policy to use the deposits only for direct expenses to the job they're associated with. At any time we can account for the remaining funds and the inventory. This practice keeps us safe from experiencing what your friend did to you. It seems as though he spent the money because he needed it and probably did that to others also. Going to court may get you a judgement, but that's a far cry from collecting. He might have a piece of equipment that you might like and you could act kinda demanding in receiving it as payment? This type of guy will probably be working on an hourly basis for his competition soon.
Posted by Joe Rees (Member # 211) on :
We all hit rough patches. My definition of a rough patch is a brief period where cash flow out doesn't meet cash flow in. Two to four weeks is plenty of leeway to allow for that. After that, the problem is deeper than a rough patch, it's fraud. This guy is on his way to bankrupcy.
If he was going to do anything to make it right, he would have done SOMETHING a lot sooner than 8 months. He's blown you off. Help him out, file the claim before he gets in any deeper.
Posted by Harris Kohen (Member # 2139) on :
Based on past experience I think Joe Rees hit the nail on the head. Do this guy a favor and proceed to get your money the legal way.
Posted by KARYN BUSH (Member # 1948) on :
that's down right stealin'!!! my first reaction is that he'd be picking teeth out of his a$$ for weeks! i'd be beside myself and afraid what evil i'd be capable of...i hope you get your $$ back! i guess i would make life pretty miserable for him...small claims court, phone calls, put a lien on his property....got any big mean friends that will do anything for a beer? Posted by Ray Rheaume (Member # 3794) on :
Rick,
Call a lawyer and have him mail a "letter of intent" that states you plan too sue him for the money. Most of the time, that's enough to get a reflex action out of someone and they settle things up.
Got to the mat with this one. Get out your paperwork showing the due date of completion, the cancelled check they cashed, or reciept of the deposit they accepted, and sue for breach of contract. They took a deposit, did not deliver on time, and haven't refunded it for several months past what would be considered a reasonable amount of time. Along with the $800, add interest you would have gained by having it in a bank account for 8 months, the difference you paid to the second contractor if his price for the work was higher, and whatever legal fees you incur from having to take this action.
That outta do it....
Good luck. Rapid
[ December 28, 2003, 03:53 PM: Message edited by: Ray Rheaume ]
Posted by pierre (Member # 1462) on :
Rick, would you describe the cabinet please. OA Size, depth, Prewired, S/S, 2/S, UL, Poly panels, Remote switch, Mill finish, bottom/side mount, whatever?
Posted by Rick Beisiegel (Member # 3723) on :
Cabinet was sign comp 5' x 6' med body. routed face identity with push thru plex. Also had lower skirt, 24" to conceal the legs into the ground. Had 4 changeable slide panels 6" each. Sign was two sided, and painted one standard color. Total was $2600, required 1/2 down. I owed him for the $500 for completion of the prior job, thus leaving $800 in his hands.
It's a good thing I got the $500 or I'd be even screwed worse. How's that detail?
[ December 28, 2003, 06:06 PM: Message edited by: Rick Beisiegel ]
Posted by Mikes Mischeif (Member # 1744) on :
If credit cards are good for anything it's this:
Pay them with the visa. If you don't get your product, call visa.
You get your money credited back to you.
You get Visa and all of thier legal staff going after THIER Money from the vendor.
Only use vendors who take credit cards and your worries are over.
Posted by Rick Beisiegel (Member # 3723) on :
HA
This guy probably dosen't claim his income much less take Visa/MC. Posted by Rick Beisiegel (Member # 3723) on :
Dumb guy...sorry
[ December 30, 2003, 09:48 PM: Message edited by: Rick Beisiegel ]
Posted by Rick Beisiegel (Member # 3723) on :
REALLY DUMB GUY WHO CAN'T POST RIGHT LOL
[ December 30, 2003, 09:50 PM: Message edited by: Rick Beisiegel ]
Posted by Monte Jumper (Member # 1106) on :
Call your D.A.'s office they will tell you everything you need to know ...if they are like the D.A. here, they will handle it in one phone call.
![[Dunno]](graemlins/dunno.gif)
Now eight months have passed. Help, I don't want to be a turd, but I don't want to be a patsy either.![[FYI]](graemlins/fyi.gif)
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