ReplyNo, once installed it becomes a collectionOriginally Posted by anasmilbes
issue. Having no signatures does not help.
Professional Member*
Can I legally take my equipment back if customer doesn't pay up?
Installed freezers for customer he gave me a deposit and when job is complete he did not want to pay the rest said that it was too much. He did not sign invoice or a contract
Professional Member
No, once installed it becomes a collection
issue. Having no signatures does not help.
Global Moderator
Reach in or walk in ?
Professional Member*
Reachin but only condensers are mine. One low temp one med temp, med temp still on roof not installed
Professional Member
I have no idea what's going on. If the job is "complete" why is the entire med temp setup sitting on the roof as parts and was it you and just you who sold this customer the job or was there a salesman involved?
You should talk to an attorney, not to resolve this issue, but so you avoid getting yourself into this mess again and know all the fine points of your special political district of California.
Professional Member
NEVER work without a signed contract!
Professional Member*
Was this a T&M type of install or was there a price agreed on before the job started?
Professional Member*
Signatures help, but Verbal is also a contract....legally it is a collections issue, however I have showed up to recover property and have been paid on the spot....this was many many years ago
AOP Committee/Professional Member*
You need to not create more trouble for yourself in the process.
Years ago, law enforcement used to give tradesmen some leeway in confrontations with non-paying customers. In today's' litigious environment, that is no longer the case.
Get legal advice that is specific to your jurisdiction from an attorney. Not just for this event, but to help you prevent future issues, and to prevent you from being charged with being threatening, intimidating, etc, which can arise as a result of the contractor making his own collection visit.
If the cistomer owns his building, you could file a mechanic's lein. That's just one example. BUT, get that attorney to review the options that apply in your situation.
[Avatar photo from a Florida training accident. Everyone walked away.]
2 Tim 3:16-17
RSES CMS, HVAC Electrical Specialist
Member, IAEI
AOP Forum Rules:
Professional Member
Have you thought about sending them a letter/email outlining what you expected to get paid for what you thought you're supposed to provide them. State you asked for payment for x amount for whatever and they disagreed. Ask for explanation. See if they respond and if the response is reasonable, not if you like it or not. You start building a paper trail going forward. If they say something like they can't afford it, they changed mind, say you want your equipment back. If they say 'fine ok'.. when.,yeah ok tomorrow AM, would you be there? if not, may I? yes...
if the answer is yes, then I think that means you can go at it. I think this will work fine unless they're REALLY trying to screw you.
This is the way you're supposed to deal with things here, not omg you didn't pay what I expect be paid, Im gonna show up and start taking things and have my way!!1 unless your goal is getting sued.
It is, but it takes two people to form a contract. You have a clash when something is not specific enough and there's a disagreement in expectations. The lack of specificity can be ignorance, lying through omission or differences in opinion.
The customer deciding not to pay a portion just because he felt like not paying is different from not wanting to pay a portion because you and him had differences in expectations where it was not specifically discussed.
Professional Member
Start documenting EVERYTHING. Write down what you remember, who you spoke to, dates/times, phone calls, receipts, etc... Those with the best supporting documentation win lawsuits.
Professional Member
Just go get em. When he not there.
AOP Committee/Professional Member*
Bad advice. Period.
[Avatar photo from a Florida training accident. Everyone walked away.]
2 Tim 3:16-17
RSES CMS, HVAC Electrical Specialist
Member, IAEI
AOP Forum Rules:
Professional Member*
Ive gone back and got my stuff, and then there is one guy Im waiting to find on the side of the road broke down..he won't be coming home for dinner.
Let's give nukes a chance.
AOP Committee/Professional Member*
Every day, people do things that put their personal freedom and their business in jeopardy. You just mentioned two such things.
[Avatar photo from a Florida training accident. Everyone walked away.]
2 Tim 3:16-17
RSES CMS, HVAC Electrical Specialist
Member, IAEI
AOP Forum Rules:
Professional Member*
Im not saying its legal but I don't have the time to go to court to have a judge tell my excustomer to pay me and he still doesn't.
Let's give nukes a chance.
Professional Member
If you're finding yourself in that position more than once, then you must be doing something wrong.
Professional Member*
Agreed especially as the complexity increases
Regular Guest
Texas allows you to file a "mechanics lien" on the property. If he doesn't own the business property you can file it on his home. If he ever tries to sell the property the title company will see the lien on the property as a "clouded property" and won't complete a loan until the cloud is removed. You'll be amazed how quick they'll be to pay then.
Professional Member
Show up with a coworker and a brolly helper or two(i.e. multiple witnesses. so English proficiency is required).
Customer: what's up with these guys?
Well, you said you couldn't afford it, so I wanted to offer to take the equipment back and cancel the deal so there's no hard feelings.
Here's a check for part of your deposit (what they paid, less your ACTUAL loss).
Why try to tow away at night and get sued when you can most likely get them to hand over the keys and drive away fair and square in broad daylight?
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