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  • PAY US ALREADY! (very, very, very long)

    Alright. Where to begin? How about last May when the whole ordeal started. A friend of ours is a landscape architect who works for a prominent landscaping firm in Omaha. The clientele my friend deals with aren’t Joe Blow from down the street who wants a tree or two planted. Most of them are high dollar, high profile folks. In other words, if you are using her nursery, you’ve got cash to throw around.

    A client approached K (my friend) and wanted some landscaping done to her summer cabin which included some concrete work. She took the bid and, in an effort to please the client even more, contracted the concrete work through my boyfriend who was able do it at a phenomenally better price than she could ever dream of. The final bill from K was around 8 or 9 thousand dollars (a pretty small job, but it was a pretty small cabin!), and the bill for my boyfriend was about $1,000. She had a contract with the nursery, and although I advised my boyfriend to get one as well, he neglected to do that. I could kick him. She became delinquent with her account at the nursery, and we went with out payment as well. MANY phone calls and surprise visits to her residence from K didn’t seem to do any good. She stopped answering calls from K’s office number, work and personal cell, and my boyfriends cell. Letters were sent on behalf of her company, which did elicit payment of all but $2,000. Still nothing for us though. K was stopping over there every morning on her way to work, every lunch hour, ever appointment that brought her even remotely close to her house, and every night on the way home. Not only harping for payment for her company, but for the poor independent contractor as well. FINALLY, after 4 months we received a check in the mail from the client’s daughter for the full amount. It was deposited and we went on with our lives, and started paying the bills that had begun to back up.

    Let me explain that my boyfriend is a farmer by trade, but anyone who has ever known a farmer will agree when I say that they are much more than that! When he isn’t planting or harvesting something, he does side jobs that range from diesel mechanics to plumbing to auctioneering to construction work. Side jobs that help provide his (our) income in the summer and winter. With a $1,000 balance outstanding for nearly 4 months, our finances were beginning to feel it. Luckily our creditors are local, and are used to dealing with the farmer. (Sometimes you’ve got more money than you know what to do with, and others you are quite literally robbing Peter to pay Paul). So when this check bounced, wreaking total havoc on our account, you can guess that we were none too pleased, as were the local merchants that have now also taken a hit from our bad checks. Again the calls and visits started, and now the bitch refused to even answer the door. Many messages were left and my boyfriend was beginning to think that he would just have to eat this one. Months pass, she’s no where to be seen, the daughter who passed the rubber check being just as elusive. In January an ultimatum was sent by the nursery regarding her delinquent account: Pay us now or meet us in court. This is the last correspondence from us. Miraculously a check arrived days later, wiping out her balance. She and her daughter have been black flagged, and will have a hell of a time getting work contracted though a business like that again. K stops by the house one last time to remind them of their payment to us. She tried to get snarky and deny that they owed us anything! K reminded them that we still have the copy of the bad check, and while the nursery can’t represent us in court, they sure can testify for us!!
    Lo and behold come the end of February a check arrives in our mail box! Joy! We tear the envelope to pieces only to find a check for $400!!!! This time the check is from a mans account, same address though. There is also a note that says they will be sending the rest with in 2 weeks. We immediately took it to the bank and verified that it was indeed a good check. It was.

    Well kids, two weeks from the date that check was last Wednesday, and STILL no check. Now mamma’s involved, because I am tired of dealing with this happy horse shit. I composed a letter indicating that they need to remit at once or face legal action. This will be sent certified, once I’ve made a few attempts to contact the scum bags by phone. The three of them are now involved as far as I am concerned since Bitch 1 never paid, Bitch 2 passed a bad check, and Asshole 1 promised us payment and never delivered.

    My first call was this evening. A woman answered the phone and hesitated as I asked to speak with one of the three. SURPRISE!!! They “weren’t home”. But I was given the option to leave a message, which I gleefully did. I advised the woman that I do not want to be forced to make another call, and that it would be in their best interst to return my call at their earliest connivance. I asked who I was speaking with, as I am kicking asses and taking names by God. Guess what? She declined to share that information with me! Claiming she was an out of town guest and didn’t want to get involved. They should be home later………..

    “Is this *Stupid Bitch* that I am speaking to?” Greeted by silence and then a shaky and stuttered denial. I asked quite forcefully a few more times if I was speaking to the bitch in question. No, she claimed she wasn’t. Do you guys believe her? HELL NO!!!!! I left my number as well as my boyfriends number, and let her know I would be anticipating a call back.

    Now they have my cell number and I guarantee you I will never get a live person again if I call from there. So, tonight, after my gym session (with the my landscaper friend no less), I will place a call from the payphone in the rec center. And then from a phone a work, and then from my boyfriends parents house, a friends cell, a payphone in the mall, whatever. Then I will send my letter. Also, I drive by their neighbor hood on the way to work. I think I’m going out for lunch tomorrow if you get my drift!

    I'm not messing around anymore. Either they can pay us the remaning balance now, or they can pay us the remaning balance with court costs later. Either way, it's up to them.

    Comments? Sorry about the length, I;ve just been dealing with this broad and it's making me
    Well fiddle dee dee!!

  • #2
    See, by now I would be so pissed I would be taking back the plants and chopping up the concrete. It's technically yours since it hasn't been fully paid for. But, I am mean like that.
    "There is no rehab for stupidity." --Chris Rock
    "You learn something new and stupid every day you work in retail."--IhateCrappyTire

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    • #3
      Sadly, this sort of thing seems to happen a lot.

      My uncle ran a woodworking business, mostly cabinets and moldings, stuff like that. He got screwed out of around $100,000 from one guy alone who didn't pay him for all of the work he did on this guy's 3 million dollar house. And he didn't pay the other contractors either.

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      • #4
        You've been dealing with this for almost a year and these people are still alive?? lol If they don't call back (and they won't) I'd take them to court, but I'd tack on interest and the fees you incurred for the returned checks you had because of THEIR bad check....and anything else I was legally allowed to do. Bastards.

        Isn't it strange..the people with all the money are the ones that don't pay their debts... I suppose that's why they have all the money.
        Oh, "Blah blah blah 'Your Needs'!"

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        • #5
          Phone calls and harrasment are obviously not working.

          If I am reading correctly, it sounds like you've recovered from the bounced check, and as far as finacial issues go, the remainder $600, while a goodly amount, is at this point no longer causing you hardship. Yet, "eating it", isn't an option that you would be happy with.

          To that end do not threaten legal action. Actively pursue it.

          Send a certified letter with intent to take them to small claims court if the matter is not settled within 30 days from the date of the letter. (Chances are they will ignore the letter).

          File a claim with the courts. (You'll need to check with your local small claims court about the filing fee, but I think it's around $50.00)

          In your claim you may want to include not only the remaining balance of what they owe, but also the cost of the filing, the cost of the certified letter, and any other associated expenses.

          While a written contract would be nice to back up your claim, you have a witness to the verbal contract and can show that payment attempts have been made which show that the customer is quite aware of their balance. You also have a letter stating that the rest of the money would be paid at a certain date.

          If you go to court and lose you'll be out the filing fee and time, but you'll know that you persued the matter instead of just letting it slide.

          On the other hand, if you win you may be able to collect the money owed you. Just because you win a claim, doesn't mean that the people you won against will actually ever pay you, but at that point it opens the possibilty of filing a lein against their property, so that in the event that it gets sold, the money owed you will be paid to you before they get any of the profit...at least I'm pretty sure that is how it works...any lawyers around?

          Hope that was helpful.

          -Maevis

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          • #6
            From what I understand of liens, and there were many on my Mom's new house because the contractor was embezzling money, they will not only prevent the owners from getting profit, but they will also affect their credit rating.

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            • #7
              Yep, you are lucky, and could win this in court. Even though there was no original signed contract, the bounced check for $1000.00 is acknowledgment of the debt, especially if they filled in the memo field with something like "for work done." I would say at this point, stop pursuing it personally, and file in small claims court. Knocking on the door 3 times a day and calling 10 times a day from different phone numbers is only setting yourself up for the deadbeats to file a harrassment countersuit.
              The only words you said that I understood were "His", "Phone" and "Ya'll". The other 2 paragraphs worth was about as intelligible as a drunken Teletubby barkin' come on's at a Hooter's waitress.

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              • #8
                I've already got that letter written folks, and my intention is to persue this untill it is resolved. I know that we can very easily win this because of the documentation we have. I'm not worried about that, I just have to get my boyfriends crap together.

                I wouldn't say that my boyfriend is lazy, but rather, he would care to avoid conflict at all costs. Even if it costs $1,000. He would rather get his panties in a bunch and when no one runs to pull them out immediatly, he lets it go and "chalks that one up". I, on the other hand, will not stop until it's handled. I speak softly, but cary the big stick. He is all screams with nothing more than a tooth pick! The reason this is going on a year is b/c he would not let me get involved. I told him to take her to court after the first check bounced, and he wouldnt. SO now, I''ve had enough and I'm going over his head. They havent any idea who they are now dealing with. They thought they could pull one over on some dumb bohunk farmer. They didn't count on the little woman.

                As for collecting intrest and fees from them as well? I am researching the matter, that way I am fully prepared to hand over her own ass in court. Until I've got all my facts lined up, I'm going to play it cool. I'm not going to make a claim that I can't back up and I'm not going to demand anything that we aren't legally entitled to.

                And I'm not giving them 30 days. They've had nearly a year. Cough it up, Bitch.

                (Seriously though, thanks for the input you guys!)
                Well fiddle dee dee!!

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                • #9
                  Why even bother with all the phone calls? As soon as that check bounced, it was lawyer time. You should be suing them for the intitial amount (which should be slam-dunk case since the bounced check indicates an intention to pay off some sort of debt), plus any fees that resulted from the bounced check, plus legal fees less the $400 they already paid you.
                  Last edited by trunks2k; 03-23-2007, 01:56 PM.

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                  • #10
                    In addition to any fees that you were charged from banks or wherever, you should also include anything you have documented that you paid while in communication with them: I would include daytime cell phone minutes, the cost of sending certified letters, etc. Anything that is reasonable that you wouldn't have been required to pay if they had paid on time. It's all their fault, charge them for it.

                    When I had someone rear-end me and total my car, I did exactly this. And it all got paid for, because it was not my fault. No matter how small, as long as it is documented, it can be covered. It may seem petty, but I don't think of it as that at all. It's reimbursement, plain and simple.

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