Tough Spot!!

I am surprised, that you in this late stage of your business, do not file notice of/to owner or notice of commencement papers with the clerk of the court. I always win in court based on just those papers, if they are unhappy with our work, then they can re-sue in a separate case for them thinking that the job was done poorly. I almost always go with a lawyer, and when it comes time to settle the consumers claim, we file a motion to have the original claim of not paying that was decided in another court, that way they can not say that they didn't pay, cause a nother motion is filed and usually granted, making the ruling to enter the original case knowledge and proof of payment as fact, But during the consumer lawsuit they can not question or analyze that judgment that we got against them, thus making the consumer hand tied, after all we can represent the ruling in our favor, but the can never say that they paid it under pressure from the courts, so they have to get a jury or mediator to listen to the reasons why they thing that they deserve to not pay us or ask for damages, since they have already been served a judgment in our favor from the original case of them not paying, so trying to explain to a jury that yes we paid the company, but did it under protest, and that comes back to the fundamentals of theirs case, where as they are not allowed to issue statements or speak about the judgment that we have on them. 97% win all with judgemnts against thier property, bussiness, and what ever else we can attach to. And if the person is a franchisee we go after that comany as well.

Good Luck
 
Ron you will get your 33k in about 5 years when the economy recovers and they start building again.
 
I know this is silly but I've watched Judge Judy a lot and There were alot of cases where family would borrow money from a family member, ( use your services ) And the borrower would turn around and ask for more knowing they havent paid there first debt.( Ask for more of your services ) And anybody whose watched judge judy knows shes a tough cookie, And she tells them they screw you once shame on them they screw you twice shame on you! I think she absolutely right. Now I believe in god, and I believe in forgiveness but if they know they owe ya and don't pay up I say cut the strings! They have to understand as a company the reasoning for cutting the strings. I can understand a little behind but not 33,000. If it was Vise Versa for them Im sure they would do the same. As far as legally, thats up to you. I say if its been a while and they haven't even worked with you just a little I say Its in gods hand have him show you the way, ask him what to do. If they've been working with you I say give them some more time.
 
I believe to write off a receivable one of the requirements for the IRS is that you had to make attempts to collect the debt. And of course document it.

If they are still in business I can't imagine why you wouldn't sue, get a judgment and attach their bank account. If they are that big surely they would have $33k in the bank just to operate.
 
IndyExterior said:
I believe to write off a receivable one of the requirements for the IRS is that you had to make attempts to collect the debt. And of course document it.

If they are still in business I can't imagine why you wouldn't sue, get a judgment and attach their bank account. If they are that big surely they would have $33k in the bank just to operate.
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I have sued crazy this year, they where suppose to bk. So I didn't want to waste fees I thought would not be necessary.

This guysfe a mistake calling me today. I'm a bit poed
 
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