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  1. #66
    Join Date
    Jan 2004
    Location
    Lancaster PA
    Posts
    67,875
    I'll wait to hear what your lawyer tells you.
    And how it works a couple years down the road.
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    How many times must one fix something before it is fixed?

  2. #67
    Join Date
    Aug 2008
    Location
    North Carolina
    Posts
    24
    Hahahahahahahahahaha so there's a break in the story.. I went by the house, he was there so I didn't stop, I did catch a glimpse of my unit looking all sad and depressed, begging to come home with me...

    Thanks to a certain technique, I was able to come up with all the cell phone numbers on his account, including his wifes number.. I called her and explained the situation, she was PISSED and said he told her he had paid me in full. She said she would call him and ask, she did and then I called her back and she told me he said he would pay me ASAP and he would call me later.
    He finally called (I imagined her standing over him pulling on his ear) and apologized for not calling me back and said he's been waiting on money from a customer who hasn't paid him. So I gave him a piece of my mind (while still being professional, of course) and he apologized again and asked if I could give him until next friday. I said that is the deadline, no if's and's or but's..

    I'm a pretty understanding person and I know that people can run into money problems, and I told him I would have been alot more understanding if he would have explained the situation like a mature adult.

    Sooo, I guess we'll see what happens on Friday!

  3. #68
    Join Date
    Jan 2002
    Location
    Ft.Worth,Tx
    Posts
    4,584
    Quote Originally Posted by CessnaSovereign View Post
    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!!

    Illeagal to remove a condenser once it is installed to home; it is considered a part of the structure. Now if you ever have issue to repair that machine and remove compressor , that is your right. I would go by there and cut low voltage and touch them together so blow fuse on control board until he calls you and pays up.
    "Everyday above ground, is a good day".
    "But everyday that you have made a difference in someones life, may insure you stay above ground a little longer".<aircooled>

  4. #69
    Join Date
    Aug 2007
    Location
    MN
    Posts
    2,677
    Quote Originally Posted by cretan View Post
    I installed a bunch of equipment for a customer.He paid the bill.Unfortunately the cheques he paid with bounced like a rubber ball.As others said,once anything is bolted/connected to the building it is now the property of that owner even if he/she hasn't paid for it.Threatening to take them to court would be a good option(serve them with papers,that may change their mind about not paying you)Garnishee his wages mabey?A lien against the property is one way to recover payment but you may be waiting a long time.In my case with the bounced checks,some of the equipment i installed went "missing".The police phoned me about the missing equipment.Of coarse I had no knowledge of what happened.
    bad checks= jail time... Big bad checks= felony.

    We had a lady get arrested for a $50 check, she didn't go to court and ended up with a warrant for her arrest. Not sure what ever happened, but it was worth the loss of $50 to make her life miserable for a bit!
    You can't fix stupid

  5. #70
    Join Date
    Dec 2007
    Location
    Southern, CA
    Posts
    520
    Heres a long story I'll try to keep short, got and finished a small comm. job for a woman who pinched pennies so hard you can hear Lincoln screaming. Was trying to get upgrades, free extra's at every encounter. Had to go to small claims and won, she appealed (having to pay for a job she approved?), I won that one too. I finally got a check, $250 short. Fortunately I had made a copy of the deposit check, cause the account for the final payment was tapped out by the second check. Back to court for paperwork to hit the first account, wasn't about to let her get away with another cent, after all the bullshyt.

    Here's the point, I had filed against her, as hers was the only name on everything to this point. Took my papers to the bank, and the account was a joint with her husband, so the bank couldn't do anything with the papers. I don't know what happened but the final money came while I was trying to figure out what to do next. Maybe cause she realized she'd pushed too much, it wasn't just about money anymore, and I wasn't gonna let it slide. Be sure to get as many names as possible with an interest in a property listed, or it might leave a way for them to sneak out.

  6. #71
    Join Date
    Sep 2005
    Location
    Atlanta GA area
    Posts
    21,020
    About 20+ year ago, I was working as a design/sales person at a large kitchen and bath and remodeling firm in the east.

    We had a HO pull this one: All the dealings were with the husband, then when the final payment was due, we found out the house was in the wife's name. No legal action could be taken.

    This is when we started four new policies:

    1) ALWAYS keep the payment stream so the contractor is AHEAD of the customer at ALL times.
    2) This is where the 'payment due at substantial completion' clause came from.
    3) BOTH husband and wife signed the contract.
    4) The contract had a phrase in it to the effect "I have legal title to this property, authorize this work, and agree to pay..."

    It is a shame there are sham artists out there... but I am glad there are also ways to work around them.
    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. #72
    Join Date
    Apr 2005
    Location
    new jersey
    Posts
    752
    Quote Originally Posted by papa_jo View Post
    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
    you sound like your from my neck of the woods. put a lien on,Time to call,Frankie,Tony, the Louie

  8. #73
    Join Date
    Jul 2006
    Posts
    613

    Smile

    Quote Originally Posted by coolmen View Post
    you sound like your from my neck of the woods. put a lien on,Time to call,Frankie,Tony, the Louie
    Playing the devils advocate here,
    That's only 3 bullet's for the wife. At night, the wifes S&W 325 45 with crimson trace laser sighting, Tony, Loui and friends dont stand a chance. Daylight, we have about 2 dozen other options, not counting Balto...If someone felt you were behind undermining their home security..your address is public as well, or you can be found by louie, LOL. It's a two way street for you\us macho types. The legal route is by far the best way to go.

    (we are paying home owners by the way, so this non paying issue does not apply to us).)))

  9. #74

    Angry

    I feel your pain, I have just got a bad check for several thousand for a change-out. The worst part about it was the insurance company paid them for it, they deposited the check into their account, which was supposed to be used to pay me, but got spent elsewhere instead. Not just that, but a few more bad checks for service calls as well. When the customers want to complain about the cost of service, they should realize all the times we as contractors get screwed over.

  10. #75
    Join Date
    Nov 2004
    Location
    Naples, Fla.
    Posts
    1,403
    Quote Originally Posted by supercharged View Post
    I feel your pain, I have just got a bad check for several thousand for a change-out. The worst part about it was the insurance company paid them for it, they deposited the check into their account, which was supposed to be used to pay me, but got spent elsewhere instead. Not just that, but a few more bad checks for service calls as well. When the customers want to complain about the cost of service, they should realize all the times we as contractors get screwed over.
    Its no conciliation at this point... but going forward INSIST to the insurance co. that future insurance co. work is a two party check. It's for the best interest of the customer & the contractor.

  11. #76
    Join Date
    Jan 2004
    Location
    Lancaster PA
    Posts
    67,875
    Quote Originally Posted by supercharged View Post
    I feel your pain, I have just got a bad check for several thousand for a change-out. The worst part about it was the insurance company paid them for it, they deposited the check into their account, which was supposed to be used to pay me, but got spent elsewhere instead. .
    Call them, and tell them they make good in X days, or you will press charges.
    They can get some good time for that.
    Contractor locator map

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    How many times must one fix something before it is fixed?

  12. #77
    Join Date
    Jul 2006
    Posts
    613
    Quote Originally Posted by coolguysfl View Post
    Its no conciliation at this point... but going forward INSIST to the insurance co. that future insurance co. work is a two party check. It's for the best interest of the customer & the contractor.
    Every time my home or car insurance has written a check for a claim, it was two party. We have no problem with that. If it makes a contractor feel better\safer about being paid for services rendered, that's a bonus in my mind.

  13. #78
    Join Date
    Dec 2007
    Location
    oregon
    Posts
    885
    Quote Originally Posted by skippedover View Post
    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.
    This is good advice. But the fact remains some people are alive simply because its against the law to kill them. some crooks are very versed in the law and are always looking for the "hand shake guy" who wants to do a good job and help people, but doesn't want to be bothered with forms, lein notices and waivers/contracts. They thrive on them. Cover your hiney, get signed contracts and use change orders/waivers. It may seem like a pain untill something like this happens.
    Genius = The guy who can do anything...except make a living!

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