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I have a customer that I have been trying to get money from. Last year, a new bistro was opening, so the partner came in, put 1/3 down on their sign that they needed quickly and then sent someone to pick the sign up a few days later with a message to us that this bistro qould bring a check over the next day for the remaining amount. Since I had just bought the shop, I trusted them. I have been going over and invoicing them to remind them of their balance. The police told me to take them to court. I got the papers, filled them out and went to turn them in and was told that I either have to put the name of the owner or the name of the business as the defendant (I think he is the defendant and me the plaintiff). Anyway can anyone tell me if I should sue the bistro or the owner?
------------------ Laura Butler Vision Graphics and Sign 560 Oak St. Lapeer, Mi 48446 810-664-3812 visiongraphics@tir.com
"Anything thats comes from my shop, comes from the right brain."
Posts: 2855 | From: Attica, Mi, USA | Registered: Nov 2000
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Name the person who hired you. Name anyone else related to the business. If the amount is less than ten grand, it is almost a worthless venture in getting run-around.
One trick the lawyers will never tell you is to call the guy up two days before the court date and suggest he settle for the full amount. Naturally, he will say no. Then tell him you will see him incourt the next day. He might show up there the next day and blow off coming in the following, correct day. I know this sounds nuts, but it actually happened in my only case in court where a sign customer owed me money. The guy did not show up and the judge ruled in my favor. The sherriff garnished his wages from the corporation and I was paid in fairly short order with some 'pleadings' for my troubles. Not exactly worth my trouble, but I did get paid! The old lawyer who taught me that trick charged me $35 for an hour of his advice that yielded that trick and others. That was 21 years ago.
------------------ Preston McCall 2516 W 63rd St. Mission Hills, Kansas 66208 913-262-3443 office 816-289-7112 cell
Posts: 1562 | From: Overland Park, KS | Registered: Nov 1998
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First of all Laura, congratulations on standing up to the cheepskate. I predict a succesful judgement. If you have a signed order, name the person who signed it. If you don't, make it a firm policy immediately. Even for orders pre-paid, something with the dimensions, colors, mayerials, layout, etc, is a necessity. You don't need any confusions or dissapointments after the work is done. And it's the simple ones that will get you. Ok, enough preaching.
Now, after you get your judgement, don't be surprised when the cat strolls out of court without paying you. Collection is another matter. In order to get paid you may have to use other extrordinary measures. Garnishing pay might work if he is a paid employee of his company. There is a way to freeze his checking account till the judgement is settled. There's a legal name for the proceedure which I can't remember. If it comes to that, you'll need an attorney and his bank account number. Of course you didn't happen to get if off his deposit check. You'll have to get creative there, maybe you know some of the other business he trades with? Maybe someone he recently paid by check. Good luck.
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It will cost you about 1/3 of what you are owed, but a good collection agency can win this one for you. They do it all day every day. That assumes of course that the Bistro isn't already broke and headed for bankruptcy.
------------------ Victor Georgiou Bob Loves Signs Inc Danville, CA email blssign@pacbell.net
Posts: 1746 | From: Danville, CA , USA | Registered: Dec 1998
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if youve lived this long with out the money....give it up to "karma"....what goes round, comes round, only triplefold....or you can call my cousin vinny.....hehehehehehe
------------------ joe pribish-A SIGN MINT 2811 longleaf Dr. pensacola, fl 32526 850-944-5060 BEWARE THE TRUTH.....YOU MAY NOT LIKE WHAT YOU FIND
Posts: 11582 | From: pensacola, fl. usa | Registered: Nov 1998
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I would also look to putting a lean on his property. We did that with a customer back in 1985. In 1997 (yep, 12 years later), he tried to sell his shop and couldn't because of the lean. We got paid with interest. It made for a nice check.
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Do a search on this BB keyword (SUE) there are 200 topics that will pop up.People who don't get their money in advance.Your not alone.Oh and I'm not one of them
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Check the laws with your lawyer and if you can just go get the sign. Early afternoon hours when the bistro is busy. Park your vehicle. Take the sucker down and say goodbye. If they come out for a confrontation confront them. Don't back down on the SOB. Since he didn't pay he doesn't own the sign. I did it and it worked. We all know that a business with no sign is a sign of no business. I had to do it once. We called ourselves sign comandos. Oh and he did pay for the sign the next day.
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Thanks people for all your answers. I haven't been able to get on for over a day-since I downloaded a Mcafee software. I like your idea Glenn. I had contacted the police to see if I could go get my sign and if they needed to go. They said that I could not do that and to take the guy to court-adding shop rate each time I went over there (which is 4 times) and some more for each time I had to call or go out of my way. He said that if the judge ruled in my favor, that the police would then have to go over and confiscate his equipment to pay the debt. The problem is who do I put on the Court Claim papers- the guy, George that ordered the sign, the owner who said that he would send the check over, or the company/corp called Lippy's Bistro. I was told by the court that if I don't get a judgement the first time that I go to court, I can then filed against another one of the person or company. I just don't want to have to do this 2 or 3 times before I get my money. Also I am not one to back down. I now have 2 other regular customers from the previous owner, that owe me $1515.80 and over $1200. The one that owes me $1200 has always been the best paying real Estate guy that I have had. Now I keep calling and can't get anywhere with him either. I have required almost all walk-ins to put half or all down and I have started telling some of my bigger accounts that I want half down-balance on completion. This now gives me a reason to institute it to all. I may lose many accounts because I deal with big local corporations that pay every 30 days.
------------------ Laura Butler Vision Graphics and Sign 560 Oak St. Lapeer, Mi 48446 810-664-3812 visiongraphics@tir.com
"Anything thats comes from my shop, comes from the right brain."
[This message has been edited by Laura Butler (edited March 31, 2001).]
Posts: 2855 | From: Attica, Mi, USA | Registered: Nov 2000
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Laura, looks as though your name is being passed around as the free sign company. Put all their names on the paper....the guy that ordered it, owner, and the business.
------------------ The SignShop Mendocino, California "Where the Redwoods meet the Surf"
Oh, for the faith of a spider! He begins his web without any thread.
Posts: 6806 | From: Mendocino, CA. USA | Registered: Nov 1998
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No one respects a push over. If you don't go get what is yours (i.e. - the money owed), they won't respect you. When my father had some deadbeat clients, he was advised not to go after them because it could cause problems for him getting new clients. And like Rick said, my father's name was being passed around. Well, after a while, my father got tired of being pushed around (Marines do not like being pushed by others), he started taking them to court. The interesting thing is that he not only got his money, but he also got their respect. These same deadbeats later became some of our best paying clients.
As to your other clients, send a certified letter to each of them detailing what they owe and when they owed it. Be sure to include any interest due you. Then, in the letter, let them know that on a specific date (usually 10 days from the date that the letter is written) you will have no choice but to "regretfully turn the matter to the courts." Give them an opportunity to "save face" if you don't want to lose them as clients.
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