posted
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 ]
""Good judgment comes from experience; and a lot of that comes from bad judgment" - Will Rogers Posts: 3485 | From: Beautiful Newaygo, Michigan | Registered: Mar 2003
| IP: Logged |
posted
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.
-------------------- Pierre St.Marie Stmariegraphics Kalispell,Mt www.stmariegraphics.com ------------------ Plan on knowing everything before I die and time's running out! Posts: 4223 | From: Kalispell,Mt 59903 | Registered: Mar 2000
| IP: Logged |
posted
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.
-------------------- Laura Butler Vision Graphics & Sign 4479 Welch Rd Attica, Mi 48412 Posts: 2855 | From: Attica, Mi, USA | Registered: Nov 2000
| IP: Logged |
posted
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.
-------------------- Leaper of Tall buildings.. If you find my posts divisive or otherwise snarky please ignore them. If you do not know how then PM me about it and I will demonstrate. Posts: 5274 | From: Im a nowhere man | Registered: Jul 2001
| IP: Logged |
""Good judgment comes from experience; and a lot of that comes from bad judgment" - Will Rogers Posts: 3485 | From: Beautiful Newaygo, Michigan | Registered: Mar 2003
| IP: Logged |
posted
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...
-------------------- joe pribish-A SIGN MINT 2811 longleaf Dr. pensacola, fl 32526 850-637-1519 BEWARE THE TRUTH.....YOU MAY NOT LIKE WHAT YOU FIND Posts: 11582 | From: pensacola, fl. usa | Registered: Nov 1998
| IP: Logged |
posted
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.
-------------------- The SignShop Mendocino, California
Making the simple complicated is commonplace; making the complicated simple, awesomely simple, that's creativity. — Charles Mingus Posts: 6714 | From: Mendocino, CA. USA | Registered: Nov 1998
| IP: Logged |
posted
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.
SONGPAINTER Original Sign Music by Sign People NOW AVAILABLE on CD and the proceeds go to Letterville's favorite charity! Click Here for Sound Clips! Posts: 1974 | From: Orleans, MA, Cape Cod, USA | Registered: Nov 1998
| IP: Logged |
posted
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.
-------------------- Harris Kohen K-Man Pinstriping and Graphix Trenton, NJ "Showing the world that even I can strategically place the pigment where its got to go." Posts: 1739 | From: Trenton, NJ, USA | Registered: Jun 2001
| IP: Logged |
posted
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?
-------------------- Karyn Bush Simply Not Ordinary, LLC Bartlett, NH 603-383-9955 www.snosigns.com info@snosigns.com Posts: 3516 | From: Bartlett, NH USA | Registered: Jan 2001
| IP: Logged |
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 ]
-------------------- Ray Rheaume Rapidfire Design 543 Brushwood Road North Haverhill, NH 03774 rapidfiredesign@hotmail.com 603-787-6803
I like my paint shaken, not stirred. Posts: 5648 | From: North Haverhill, New Hampshire | Registered: Apr 2003
| IP: Logged |
posted
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?
-------------------- Pierre St.Marie Stmariegraphics Kalispell,Mt www.stmariegraphics.com ------------------ Plan on knowing everything before I die and time's running out! Posts: 4223 | From: Kalispell,Mt 59903 | Registered: Mar 2000
| IP: Logged |
posted
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 ]
""Good judgment comes from experience; and a lot of that comes from bad judgment" - Will Rogers Posts: 3485 | From: Beautiful Newaygo, Michigan | Registered: Mar 2003
| IP: Logged |
""Good judgment comes from experience; and a lot of that comes from bad judgment" - Will Rogers Posts: 3485 | From: Beautiful Newaygo, Michigan | Registered: Mar 2003
| IP: Logged |
""Good judgment comes from experience; and a lot of that comes from bad judgment" - Will Rogers Posts: 3485 | From: Beautiful Newaygo, Michigan | Registered: Mar 2003
| IP: Logged |
""Good judgment comes from experience; and a lot of that comes from bad judgment" - Will Rogers Posts: 3485 | From: Beautiful Newaygo, Michigan | Registered: Mar 2003
| IP: Logged |
posted
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.
-------------------- "Werks fer me...it'll werk fer you"
![[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)
![[Wink]](wink.gif)
Printer-friendly view of this topic