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How many of you have ever had to have a customer served for payment? And what type of steps have you taken to get paid, besides showing up and beating payment out of them.
I have taken 2 companies to court in over 16 yr's of buisness, which is not bad. I hate to ruin a relationship with a company we do buisness with for years and then all of a sudden they start falling way behind on payment. These are different times and you never know if these companies are going to be around next year or next week and your out the money.
Having them served by the sheriffs dept usually works pretty good after you have called many times and got the run around. One time we went to small claims court and got paid, but I dont get why they would want to take it that far when they got to know their going to lose? This post is only directed to commercial work but I am sure some had to take a residential customer to court as well.
What have some of you Guy's & Gal's done to get your invoice paid without having to resort to threats or worse.
I've done a lot of collections. As a landlord and as a contractor. My experience has shown me when you are you are sure there's a problem the sooner you do something the better. I try door knocking a few times then it goes to small claims. Small claims only gets you a judgment. Collecting it is a science. If you get lucky and they write you a check then you are luckier than me.
I got good enough at it that I purchased judgments from other landlords. Threats will get you in trouble eventually. I'm talking Indiana law here but after you obtain a judgment you can garnish wages or you can lock down their bank account. This is important with commercial accounts. That's why it's important to make a copy of at least one check you get from each customer. That way when you file the motion you can include the name of the bank and account number and it's a slam dunk. Because when it goes bad it's first there first served. If they owe you $3K and they have $4k in the bank the first $3k is yours. The bank writes you a certified check. The guy behind you that's owed $10K gets the remaining $1K.
Property lien laws vary greatly. Here you have 60 days to file after the work was completed. But if you are working for a builder or a PM and the owner has title to the property you have to file within 60 days of starting work a notice of intent. This applies to property managers hiring on behalf of owners. Once again this is Indiana.
With times like this it would pay to know the basics in your state before you actually need them.
I have had to have certified letters from attornies and materialman lien's. I have had a number of smaller things that after a while of me personally attempting to collect, I just left alone.
Certified letter to the customer with a deadline on it about your service, the signed contract ect and how much they owe. Include the possibility of charges of theft of services as well as civil action to collect payment. Then hope for the best...
For any of our guys in Tennessee, if you take a post dated check and it bounces you can not collect it. you knew the account had no money in it when you agreed to take it. ( it's an I.O.U. )
For any of our guys in Tennessee, if you take a post dated check and it bounces you can not collect it. you knew the account had no money in it when you agreed to take it. ( it's an I.O.U. )
If you accept a postdated check you have extended them credit and there are no criminal liabilities for them to write it. Best practice is if they ask to post date it or post date it and you catch it ask them pointblank if there is enough money in the bank to cash the check. 9 times out of 10 they will tell you the truth. if it is going to bounce ask for cash. If they give you a check and you feel shaky about it you probably don't need them as a customer.
