So appently asking for payment means that you get sued

[candyshopgirl]

So my hubby fixes computers on the side and hes damn good at it. He charges 50.00 and hour with a 2 hour min. That is the anyone off the street or people he dont like fee. For friends hell he'll do it for 20.00 a hour. He used to do a lot of work for this millionaire couple. I say used to because they would agree to his fees and then fuck him out of all but maybe 50.00. Well this couple moved away to Seattle, it wasn't long before the man was calling begging the hubby to fix his once again broken computer. So the asshole sent it with return postage to the hubby, with a 50.00 amazon giftcard as down payment(which was expired) that was six months ago. I might also mention that the asshole agreed to the fees up front.
The hubby has sent numerous email telling the guy has much he owes and the hubby wants it before he sends the computer, given this guys record. The hubby spent around 6 hours fixing it and the total is around 350.00. Well six months later and no response from this guy, until yesterday. It wasn't him that sent us a email, his lawyer did. They are threatening a small claims if we don't return the computer.
The lawyer was all cocky until we sent a email stating that we have not been paid for services rendered, the lawyer wasn't too cocky then. I bet the asshole failed to mention that fact. The hubby suffers from anxiety, so this is making him not too happy. He wants to just send that computer back and thats it, I want to fight it out. I told him to send the computer back with a invoice and then give it 30 days, and then file our own small claims.
I told the hubby that from now on we need to draw up contracts for our non trustworthy customers. Hell tonight he is finishing a computer job for two old woman that are just like the Baldwin sister off the Walton. They paid whatever it costs, my hubby like them so he gives them the friend discount. I have to keep you guys posted.

[Sparky]

My experience with suing in small claims court is that it's like peeing your pants. It gives you a nice warm feeling at first, but then you're left feeling all cold and it changes nothing. Or something like that.

What I predict will happen if you take the guy to small claims is that:
1. You will have to pay a fee to file
2. You will show up and present your evidence
3. The judge will rule in your favor
4. You rich guy will ignore the ruling and never pay you a cent and
5. Nothing will happen to him. You'll be out your filing fee and no richer.

What does he have to lose? Especially as he's living far away. Would the guy even show up on court? Could you compell him to? I know where Seattle is but I don't know where you are. Is he out of state? If so, your chances of getting him to come back to show up in court over $350 are pretty much nil, and I don't know what would happen if he wasn't there. Would they just throw the case out?

I say if your husband sticks to his guns and collects, great. But it's not worth the damage to his health. Let if go if you must.

Never deal with these people again. Never, never, never.

[Barefootgirl]

If these people are millionaires, $350 is nothing to them. I fear that they will mess you around until the last minute, and then pay up.

In future, I would definitely ensure hubby has a signed contract with the costs laid out and an estimate of work BEFORE he starts working on anyone's computer.

[Taz]

What I predict will happen if you take the guy to small claims is that:
1. You will have to pay a fee to file
2. You will show up and present your evidence
3. The judge will rule in your favor
4. You rich guy will ignore the ruling and never pay you a cent and
5. Nothing will happen to him. You'll be out your filing fee and no richer.

What does he have to lose? Especially as he's living far away. Would the guy even show up on court? Could you compell him to? I know where Seattle is but I don't know where you are. Is he out of state? If so, your chances of getting him to come back to show up in court over $350 are pretty much nil, and I don't know what would happen if he wasn't there. Would they just throw the case out?

I believe that even in small claims court, the judge would hear the case and give a judgment even if the other party does not appear. You would probably have to show that he was served with papers and is aware of the case. And with a judgment against him, they can garnish his bank account if he fails to pay.

Or you can submit the case to Judge Judy. That would probably get him to show up.

[emax4]

I don't fully recommend this route, but remember Judge Fancy pants? You could be that judge, you know..

[flyingember]

keep in mind he's paid a lawyer to mess with you that cost more than the $350 and likely bought a new computer already

he doesn't care about the computer, just in winning

[Frantic Freddie]

I told the hubby that from now on we need to draw up contracts for our non trustworthy customers.

There's an old saying in show business: "An oral contract ain't worth the paper it's printed on" (Sam Goldwyn). As a Realtor I've always had to have a paper trail,it's saved my butt a few times when I could point to a contract & say "You signed this,you can't tell me you didn't know about this".

[tollbaby]

Presumably if the guy lives far away, there's an e-mail trail?

[Raveni]

And with a judgment against him, they can garnish his bank account if he fails to pay.

You can only garnish if you know their bank account numbers. Not a problem if you have ever been paid by check. Of course, if you had been paid, you wouldn't need to go that route...

I'm not even really sure what is legal at this point. If the hourly rate was agreed on up front, but not the number of hours spent on the work, I'm sure that it could still be disputed. And then can you hold his property while it is in dispute?

I work for a lot of jerks, but they always pay me in advance. The nice ones get net 30.

[chainedbarista]

personally, i'd just refuse to work for this cheap, nasty fuckwit; he has a known track record for not paying, so i'd just say no and look elsewhere. he's a losing proposition, no matter how you look at it.

[It's me]

I'm pretty sure that a business can hang on to the thing being repaired until payment is received.

Example:
http://law.justia.com/codes/rhode-is...4/34-30-1.html

[bainsidhe]

What about charging storage fees? I'd be tempted to start telling SC that not only is payment due for work done, but that you will begin assessing a storage fee of X dollars every week/month/whatever. And that if payment arrangements have not been made within X time frame, then the computer will be considered abandoned property and will be sold to recoup losses.

Keep in mind, I'm not a lawyer, I don't know the local laws and you've already set a precedent by allowing the computer to sit and sit and sit... And the guy (supposedly, is it legit?) has a lawyer, so this may not be the best example to try playing with the law. I think a contract is a good idea to not only spell out cost expectations, but to cover hubby's rear when some idiot refuses to pay.

[Taurus52]

Go to small claims, get the judgment, then send a copy of it with demand for payment and costs and prepaid shipping. Send notice that after 30 days he pays or you sell it for recovery. All nice and legal

[Victory Sabre]

I'm not a lawyer, nor do I play one on TV.

All I can add to this is to NEVER EVER do work for those deadbeats again!

[dougall]

Did you take a backup of the hard drive and keep any old parts you replaced if so just restore it to how it was when it was sent to you and send it back using the prepaid shipping.