OT - Collecting payment....

paulcs

Member
Join Date
Feb 2005
Posts
85
Yes, searched PLCTALK for advice.
Yes, tried many times asking for payment; nice, firm, very firm.
Now, we have to get aggressive. $4000. Suggestions? Collection firm? Lawyer. Pro Se? Too big for small claims court. Too small for full legal costs.
Ideas?
 
Yes, searched PLCTALK for advice.
Yes, tried many times asking for payment; nice, firm, very firm.
Now, we have to get aggressive. $4000. Suggestions? Collection firm? Lawyer. Pro Se? Too big for small claims court. Too small for full legal costs.
Ideas?

Been down this road many times. Lawyers and collection agencies are a waste of time.

There are two types of customers:

- those that can't pay
- those that won't pay


Those that can't , you can always work something out.

For those that won't, as long as you firmly beleive you are justified in being paid, there is not much you can do but wait for Karma to catch up with that type of customer.
 
Hello,

The limit in small claims is by region. Some courts go has high as 10k and as low as 2k. The issue is you win a judgment and that is all.

Collecting the money is then again back in your hands. After you have a judgment you have more options to force payment, like arriving at the office of the company (with the sheriff) and taking their furniture, petty cash, coffee supply, etc.

The decision you make depends on many things, do you want to continue with the customer as a customer, can you just keep sending them an invoice each month and survive without payment, can you go to their office and ask for payment, etc.

If you are just dealing with accounting can you contact a higher up?
What much would be the cost of having an attorney send a letter?
How much are you willing to take in settlement of the debt?
Have they furnished a reason for non-payment?
 
Just a thought ...

If you don't pay your bill for a vehicle mechanic, they can place a mechanic lean on your vehicle.

Is there anything like that can be done?
 
Just a thought ...

If you don't pay your bill for a vehicle mechanic, they can place a mechanic lean on your vehicle.

Is there anything like that can be done?

Seen this done when amounts are large , such as $50K or higher. And if this is a customer that owes several contractors, usually you have to wait in line for the lien.

Unfortunateley I have seen too many ruthless customers shaft the little guy. This type of customer will only pay what they feel is justified, and usually hang that carrot out there that there will be more work and drop the outstanding invoice to maintain a good business relationship.

I have always found too that the more of a hurry a customer is to get a new job up and running, the greater the chances you will not receive full payment.
 
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Are they refusing to pay because they dispute the results of the project or the qulity of the work? That is one category. In that case find out what the problem is, and if possible agree to fix the problem if they will have a check waiting on site for you to take away after you are done. If they are incorrect in their claim then kick the problem upstairs to management to discuss. Sometimes suggesting arbitration instead of litigation may help.

Are they refusing to pay at all, or just delaying payment? Like some large companies are their "standard" terms 120 days or some such rediculous period? (General Electric does this.) Some contractors take the "You get paid when we get paid" attitude. In that case you may have to wait, but sometimes a letter pointing out that your contract is with them and not their client helps. In other cases you may have to wait for the payment and take them off your customer list for future work.

Are they just broke and don't have the money? Then work out progresive payment terms, be a nice guy, and you may move up the list.

Are they just deadbeats? In that case you may have to suck it up and move on.

In many instances it comes down to leverage. You have possibilities:

- A letter from an attorney may help, and is relatively inexpensive, but not always much influence

- A lien is a possibility. Lien laws vary from state to state, and an attorney may be needed if you are unsure. In some states you have to file notice of willingness or intent to file a lien for non-payment at the time of accepting the order. In some states municipalities etc. are exempt from liens.

- Send written notice that any warranty is voided by non-payment and notify them support service will not be provided unless payment is made immediately. If your customer is not the final owner, but you are a subcontractor or second tier supplier make sure the actual owner is copied.
 
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Are they refusing to pay because they dispute the results of the project or the qulity of the work? That is one category. In that case find out what the problem is, and if possible agree to fix the problem if they will have a check waiting on site for you to take away after you are done. If they are incorrect in their claim then kick the problem upstairs to management to discuss. Sometimes suggesting arbitration instead of litigation may help.

Are they refusing to pay at all, or just delaying payment? Like some large companies are their "standard" terms 120 days or some such rediculous period? (General Electric does this.) Some contractors take the "You get paid when we get paid" attitude. In that case you may have to wait, but sometimes a letter pointing out that your contract is with them and not their client helps. In other cases you may have to wait for the payment and take them off your customer list for future work.

Are they just broke and don't have the money? Then work out progresive payment terms, be a nice guy, and you may move up the list.

Are they just deadbeats? In that case you may have to suck it up and move on.

In many instances it comes down to leverage. You have possibilities:

- A letter from an attorney may help, and is relatively inexpensive, but not always much influence

- A lien is a possibility. Lien laws vary from state to state, and an attorney may be needed if you are unsure. In some states you have to file notice of willingness or intent to file a lien for non-payment at the time of accepting the order. In some states municipalities etc. are exempt from liens.

- Send written notice that any warranty is voided by non-payment and notify them support service will not be provided unless payment is made immediately. If your customer is not the final owner, but you are a subcontractor or second tier supplier make sure the actual owner is copied.

I agree with Tom you next action should be determined on the reason they do not want to pay.

I have in the past had to wrote off small amount which are just not worth going through all the effort and rise in blood pressure.

Basically my approach changed and i ensured that unless i get paid in full i have a right to decommission it, legally. Obviously all this was stipulated in agreements prior to taking on the work.
 
I agree with Tom you next action should be determined on the reason they do not want to pay.

I have in the past had to wrote off small amount which are just not worth going through all the effort and rise in blood pressure.

Basically my approach changed and i ensured that unless i get paid in full i have a right to decommission it, legally. Obviously all this was stipulated in agreements prior to taking on the work.

Unfortunately on this side of the pond, possession is 9/10 of the law meaning that if a customer has a system you provided/programmed, the onus is on the you why they should not have it. Sometimes those costs to prove why outweighs the actual cost.

" Yeah Capitalism" Austin Powers
 
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One of my prior employers wrote logic that would allow the equipment we manufactured to run for a certain (generous) number of hours before it would stop and display a message to contact us. This could be disabled by entering a code which was provided with instructions on entering it, upon final payment. There was also a "grace" code which we could give out to get the customer running for a shorter period of time so as not to cause too much inconvenience while they arranged for final payment.

We didn't have too many instances where it shut down for legitimate non-payment; usually it was the customer not entering the code when they paid in full, but the times that it did work... let's just say some customers were NOT happy, even though it was their fault.

Something to consider for future work, perhaps.
 
We too have used 'shut down' code but it is fully spelled out in the specifications which the the customer reviews and signs. Other than people not being able to enter aa number correctly it has caused few problems and ensures timely payment when on a monthly payment schedule.
 
I'm not a fan of "shut down" code - even with consent. You don't have to deal with that customer in the future and you don't want to treat your others that way. It won't help in this case and I wouldn't punish your others unnecessarily.
 
I have always found too that the more of a hurry a customer is to get a new job up and running, the greater the chances you will not receive full payment.
Couldn't agree more with you on this one!
Been burned at least a couple of times and we are talking "big time names" not a fly by night operation.
As soon as they get what they want running, then, they pass the blame/responsibility on to someoene else within the organization.
 

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