Page 1 of 7 1234567 LastLast
Results 1 to 13 of 79
  1. #1
    Join Date
    Aug 2008
    Location
    North Carolina
    Posts
    24

    Customer won't pay!

    My company completed a job for a customer, the total was xxxx, he only paid xxxx and said he was going to pay the rest the following day. Well, needless to say he didn't. And he won't return our calls.
    I didn't worry too much, knowing we could take legal action thanks to our trusty signed contract, which I quickly pulled from his file only to find out THE NEW INSTALLER DID NOT HAVE HIM SIGN IT!!!!!!!!!!!

    Sooooooooooo, I don't think an unsigned contract will hold up too well.

    I'm looking for any advice on what to do. Obviously I can't get the furnace back since it's inside their home, but I wonder if I can legally repo the AC condenser which is on the side of the house, in the front yard, not inside of a fence??

    They were very pleased with the job, which is what pisses me off even more. It's not like they are holding the money because they aren't satisfied!!
    Last edited by Senior Tech; 08-23-2008 at 07:06 PM.

  2. #2
    Join Date
    Jul 2008
    Location
    Jefferson, GA
    Posts
    46
    Wow, that really sucks. I don't know if it's legal or not, but I MAY have been party to condenser repo's in the past.....

  3. #3
    Join Date
    Aug 2008
    Location
    North Carolina
    Posts
    24
    Quote Originally Posted by aadam21 View Post
    Wow, that really sucks. I don't know if it's legal or not, but I MAY have been party to condenser repo's in the past.....
    I'm pretty sure it's probably illegal in some way, but I mean what's he gonna do? Call the cops and say the guy who installed his AC unit took it back because he won't pay?


    What was the outcome with repoed ac units on your end?

  4. #4
    Join Date
    Aug 2008
    Location
    North Carolina
    Posts
    24
    Oh and as I sit here, I'm working on a new contract which includes:

    "In the event that payment is not made in full, I agree to all full access to reclaim/repossess any installed equipment or materials."

  5. #5
    Join Date
    May 2007
    Location
    DC Metro Area (MD)
    Posts
    3,371
    Quote Originally Posted by CessnaSovereign View Post
    Oh and as I sit here, I'm working on a new contract which includes:

    "In the event that payment is not made in full, I agree to all full access to reclaim/repossess any installed equipment or materials."
    I wouldn't even give them that option. If payment isn't made in full, legal action and penalties will ensue. Sort of like, "Oh well, we can't pay the other half--just let them take it back." I'm no legal expert though.

  6. #6
    Join Date
    Sep 2005
    Location
    Atlanta GA area
    Posts
    21,025
    One of the nice things about having a referral advertising system is that it is rare when the customer is not as honest as the contractor...
    GA-HVAC-Tech

    Quality work at a fair price with excellent customer service!

    Romans Ch's 5-6-7-8

    2 Chronicles 7:14

  7. #7
    Join Date
    Nov 2004
    Location
    South Carolina
    Posts
    1,840
    in south carolina once units are attached to the dwelling it is the homeowners unit:-(
    put a lein on house- call some hoods to take it back for ya

  8. #8
    Join Date
    Aug 2004
    Location
    North Richland Hills, Texas
    Posts
    14,914
    Quote Originally Posted by CessnaSovereign View Post
    What was the outcome with repoed ac units on your end?
    Well, if it was Texas and after sunset when you tried to repo it, he could shoot you dead on his property, and not fear prosecution.

    If it was during daylight hours, or he elected not to shoot you at night, it would be felony theft, and you would go to jail.

    Once it is physically connected to the property, it is "theirs" in the eyes of the law in most areas.
    If more government is the answer, then it's a really stupid question.

  9. #9
    Join Date
    Jul 2006
    Location
    Virginia
    Posts
    4,619
    call the police and make a theft of service report , ive never done it but have heard of it being done also that ac would develop a leak if i didnot get paid

  10. #10
    Join Date
    Jul 2004
    Location
    Massachusetts
    Posts
    6,837
    From my experience: Once installed, it's their property, paid for or not. If you seize it without a court order, you could be held for vandalism as best and grand larceny at worst. On the other hand, I've been known to walk right into the yard in broad daylight and disable a condenser on a hot day to get the clients attention. But the purely legal thing to do in our state is to #1, file a lein on the property before 30-days has passed. That's a critical time in our state, why I don't know but on the lien the mechanic/tech must sign his name to a statement indicating he has worked on the property within the last 30-days. Finally, I'd file a suit in small claims court if the $X,XXX.xx is under the maximum in your state. In ours it's $X,500.xx but it varies from state to state. In any event there's a lot more logic and a lot less legal in small claims court and if you can explain that the installer forgot to get the contract signed but look, here's 17 other jobs we did for $X,XXX.xx so isn't it a little absurd to think this job would only be $Y,YYY.yy?? In our state the small claims is ajudicated by a clerk magistrate. If the defendent loses, he/she can appeal to a judge. If the plaintiff loses, that's the end of the road, no appeal allowed.
    If YOU want change, YOU have to first change.

    If you are waiting for the 'other guy' to change first, just remember, you're the 'other guy's' other guy. To continue to expect real change when you keep acting the same way as always, is folly. Won't happen. Real change will only happen when a majority of the people change the way they vote!

  11. #11
    Join Date
    Feb 2008
    Location
    Massachusetts
    Posts
    701
    Was the customer a lawyer?

  12. #12
    Join Date
    Jan 2006
    Location
    Hangin out with you losers
    Posts
    1,043
    Maintain your professionalism
    I Know your as mad as can be right now but how you handle this situation is what seperates you from everyone else out there.
    If your not getting a response by phone then start mailing letters
    Maybe hes expecting a formal bill?
    Then after 1 or 2 of those I would make it a little more personal maybe a phone call to him at work.
    Then start the certified letters with legal jargan
    No warranty,Lein on house,file with credit report,seek legal action and so on.

    The other thing is maybe his money went funny on him.
    Leave him a message and ask if he needs to finace the rest
    Make up a corny excuse like We a company xyz like to close our books on the last thursday of every month so we are ahead of the banks and it would be doing us a favor if we got this finaced today.

    I am sure we can come up with some real dispicable things to do but why go there?
    if your on this site then your not hurting for the money your just really peeved
    Good luck man
    I remember my first day,It was fun!

  13. #13
    Join Date
    Jul 2008
    Location
    Houston, Tx
    Posts
    22
    scottsacavsfan is right, you dont want to get shot or go to jail do you?

    Onisius

Page 1 of 7 1234567 LastLast

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Comfortech Show Promo Image

Related Forums

Plumbing Talks | Contractor Magazine
Forums | Electrical Construction & Maintenance (EC&M) Magazine
Comfortech365 Virtual Event