Another SOB doesn't want to pay.

[ToadSprocket 12]

So I sell a job a few weeks ago. We start it and finish it within 10 days. All inspections are approved and the system is operating fantastically. So I visit the job site with the owner's agent and go over the entire job. Took nearly an hour with no complaints from him/them.

This is when our contract calls for the remaining 25% or in this case $3,750. And so the agent says they'll offer $1,000. I explain that our profit is barely $1,500 and he's asking for a $2,750 deduction. It can't be done. And so he shows me a check for $1,500 and offers it to me if I'll sign off on the contract.

 

 

 

What is wrong with people! If you can't afford it, don't order it.

[GettnHuge 1]

So I sell a job a few weeks ago. We start it and finish it within 10 days. All inspections are approved and the system is operating fantastically. So I visit the job site with the owner's agent and go over the entire job. Took nearly an hour with no complaints from him/them.

This is when our contract calls for the remaining 25% or in this case $3,750. And so the agent says they'll offer $1,000. I explain that our profit is barely $1,500 and he's asking for a $2,750 deduction. It can't be done. And so he shows me a check for $1,500 and offers it to me if I'll sign off on the contract.

 

What is wrong with people! If you can't afford it, don't order it.

 

You didn't answer with a flurry of punches? This failure is on you, then.

[ToadSprocket 12]

You didn't answer with a flurry of punches? This failure is on you, then.

 

 

 

So you don't pay your bar tab without fisticuffs? The cashier at the grocery store has to wrestle you for what food you bought? You pump your gas and demand a fight before payment?

[MedStudent 56]

So I sell a job a few weeks ago. We start it and finish it within 10 days. All inspections are approved and the system is operating fantastically. So I visit the job site with the owner's agent and go over the entire job. Took nearly an hour with no complaints from him/them.

This is when our contract calls for the remaining 25% or in this case $3,750. And so the agent says they'll offer $1,000. I explain that our profit is barely $1,500 and he's asking for a $2,750 deduction. It can't be done. And so he shows me a check for $1,500 and offers it to me if I'll sign off on the contract.

 

What is wrong with people! If you can't afford it, don't order it.

 

Didn't he sign a contract before you did the work? Why the he11 did you explain to him about your profit? You should have said:"You owe me $3750 like the contract states." Then consult a lawyer.

[Strike 4,659]

Didn't he sign a contract before you did the work? Why the he11 did you explain to him about your profit? You should have said:"You owe me $3750 like the contract states." Then consult a lawyer.

 

If he has a contract he doesn't need a lawyer. This is what small claims is for. If you have a contract and completed the work just sue in small claims.

[ToadSprocket 12]

If he has a contract he doesn't need a lawyer. This is what small claims is for. If you have a contract and completed the work just sue in small claims.

 

 

You ALWAYS need a lawyer when you are incorporated. Just a legal fact.

 

And this is most certainly NOT small claims.

 

Those who are in business here will attest that a contract means little to nothing if a person doesn't want to pay.

Last time we had a problem, we forked over $3,000 to the lawyer and the guy went bankrupt and we got nothing.

We wrote it off and insurance covered the difference BUT our insurance rate went up and over the course of the next 5 years, they'll have broken even.

[MedStudent 56]

And this is most certainly NOT small claims.

 

What state do you live in?

 

It would qualify as a small claim in most states:

http://law.freeadvice.com/resources/smallclaimscourts.htm

[Strike 4,659]

You ALWAYS need a lawyer when you are incorporated. Just a legal fact.

 

And this is most certainly NOT small claims.

 

Those who are in business here will attest that a contract means little to nothing if a person doesn't want to pay.

Last time we had a problem, we forked over $3,000 to the lawyer and the guy went bankrupt and we got nothing.

We wrote it off and insurance covered the difference BUT our insurance rate went up and over the course of the next 5 years, they'll have broken even.

 

No, it's not a legal fact. But hey keep whining here instead of spending a couple hours in court getting paid.

[ToadSprocket 12]

What state do you live in?

 

It would qualify as a small claim in most states:

http://law.freeadvice.com/resources/smallclaimscourts.htm

 

 

Live in? Do you mean what state was the job performed in and where is our shoppe.

 

Shoppe = Maryland

Job = Virginia

 

And YES you must have a lawyer if you are a business that is incorporated.

[Strike 4,659]

Live in? Do you mean what state was the job performed in and where is our shoppe.

 

Shoppe = Maryland

Job = Virginia

 

And YES you must have a lawyer if you are a business that is incorporated.

 

ROFLMAO. You don't know WTF you're talking about. I just checked BOTH court websites and in BOTH states you mentioned corporations can be plaintiff's or defendant's. But hey, keep your head buried in the sand.....

[SUXBNME 1,419]

So I sell a job a few weeks ago. We start it and finish it within 10 days. All inspections are approved and the system is operating fantastically. So I visit the job site with the owner's agent and go over the entire job. Took nearly an hour with no complaints from him/them.

This is when our contract calls for the remaining 25% or in this case $3,750. And so the agent says they'll offer $1,000. I explain that our profit is barely $1,500 and he's asking for a $2,750 deduction. It can't be done. And so he shows me a check for $1,500 and offers it to me if I'll sign off on the contract.

 

What is wrong with people! If you can't afford it, don't order it.

Nobody believes or cares, gutterslut.

[MedStudent 56]

I don't know what kind of systems you were installing but in the future I would state in the contract that final payment is due at final walk through of the system. Then put some non threatening wording in the contract stating that system will not be turned over to the client until such payment is made. Not sure if its possible but I would disable their system if they did not have the money at the closeout.

 

For this case. If you provided equipment to this company, I would see if you could retrieve it. See if you can get a court order or something.

 

You need to get a lawyer you can trust or you are going to get focked for the rest of your company's life. Just threatening to sue will probably solve some problems in the future. You need to be able to always have that threat in your back pocket.

[ToadSprocket 12]

ROFLMAO. You don't know WTF you're talking about. I just checked BOTH court websites and in BOTH states you mentioned corporations can be plaintiff's or defendant's. But hey, keep your head buried in the sand.....

 

 

Oh! You have CHECKED out websites. Sorry. I didn't realize that.

[ToadSprocket 12]

I don't know what kind of systems you were installing but in the future I would state in the contract that final payment is due at final walk through of the system. Then put some non threatening wording in the contract stating that system will not be turned over to the client until such payment is made. Not sure if its possible but I would disable their system if they did not have the money at the closeout.

 

For this case. If you provided equipment to this company, I would see if you could retrieve it. See if you can get a court order or something.

 

You need to get a lawyer you can trust or you are going to get focked for the rest of your company's life. Just threatening to sue will probably solve some problems in the future. You need to be able to always have that threat in your back pocket.

 

 

I appreciate your kind concern. I really do. My point in all this is if a person fails to pay, the business loses regardless. In one way or another.

[heavy-set 39]

So I sell a job a few weeks ago. We start it and finish it within 10 days. All inspections are approved and the system is operating fantastically. So I visit the job site with the owner's agent and go over the entire job. Took nearly an hour with no complaints from him/them.

This is when our contract calls for the remaining 25% or in this case $3,750. And so the agent says they'll offer $1,000. I explain that our profit is barely $1,500 and he's asking for a $2,750 deduction. It can't be done. And so he shows me a check for $1,500 and offers it to me if I'll sign off on the contract.

 

What is wrong with people! If you can't afford it, don't order it.

these people are the scum of the earth

 

dont sign off on the contract and sue. better yet, put a mechanics lein on the property. he will never be able to sell it

[NorthernVike 2,082]

Bring the biggest mutherfocker you know with you and go collect the $$$

 

 

Physical violence is the only solution to your problem.

[Patriotsfatboy1 1,432]

I appreciate your kind concern. I really do. My point in all this is if a person fails to pay, the business loses regardless. In one way or another.

 

It also depends on your contract. In our agreements, the customer is responsible for reasonable court costs associated with the collection of payment of fees outlined in the agreement. As such, if we have to take them to court, they are responsible for our fees.

 

... and "yes" you can take them to small claims. The key with small claims is that there are NO lawyers and it has to be for an amount below the threshold outlined in that state. Your contract should outline the jurisdiction and governing law (as they could be different).

[MedStudent 56]

I appreciate your kind concern. I really do. My point in all this is if a person fails to pay, the business loses regardless. In one way or another.

 

Yes they do. Thats why you can't take every job offered to you. You need to do your due diligence on the client before agreeing to do the work. But if they do try and fock you over you need to follow through with lawyers to get everything out from them. You are still going to lose some money with lawyer fees but they will lose more.

[titans&bucs&bearsohmy! 2,745]

ROFLMAO. You don't know WTF you're talking about. I just checked BOTH court websites and in BOTH states you mentioned corporations can be plaintiff's or defendant's. But hey, keep your head buried in the sand.....

 

Ok, as a lawyer who practiced debt collection in small claims court for years, let me put this one to rest.

 

Yes, a corporate entity can be a plaintiff. But said corporate entity must be represented by counsel. An officer of the corporation cannot represent himself pro se, as the debt is owed to the corporation, not the officer personally.

 

Hope that helps.

[ToadSprocket 12]

Ok, as a lawyer who practiced debt collection in small claims court for years, let me put this one to rest.

 

Yes, a corporate entity can be a plaintiff. But said corporate entity must be represented by counsel. An officer of the corporation cannot represent himself pro se, as the debt is owed to the corporation, not the officer personally.

 

Hope that helps.

 

 

But strikeout surfed the web.

[kutulu 1,598]

Couldn't you just make up a different ending to your story where you get the full payment?

[Patriotsfatboy1 1,432]

Ok, as a lawyer who practiced debt collection in small claims court for years, let me put this one to rest.

 

Yes, a corporate entity can be a plaintiff. But said corporate entity must be represented by counsel. An officer of the corporation cannot represent himself pro se, as the debt is owed to the corporation, not the officer personally.

 

Hope that helps.

 

I think that your state may differ from other states. In VA, for example:

http://www.courts.state.va.us/resources/sm..._procedures.pdf

The Question of Representation

All parties shall represent themselves in actions before the small claims court except as follows:

1. A corporate or partnership plaintiff or defendant may be represented by an owner, a general partner, an officer or an employee of that corporation or partnership. An attorney may serve in this capacity if he is appearing pro se, but he may not serve in a representative capacity “unless he is doing so for the sole purpose of removing the case to the general district court.”

[Strike 4,659]

But strikeout surfed the web.

 

Yeah, because official government web sites are known for lieing. But don't worry dooshbag, I won't ever try to help you out again. In fact, I hope you get stiffed repeatedly. Hell, if I was anywhere near your area I'd specifically hire you just so I could stiff you myself. Jeebus, WTF is wrong with some people?

 

[JackARoot 2]

ROFLMAO. You don't know WTF you're talking about. I just checked BOTH court websites and in BOTH states you mentioned corporations can be plaintiff's or defendant's. But hey, keep your head buried in the sand.....

 

 

Corporations can be plaintiffs or defendants in small claims. You can represent yourself in small claims. You just can't represent a corporation unless you are licensed to practice law, even if you are the only shareholder of the corporation.

[ToadSprocket 12]

Corporations can be plaintiffs or defendants in small claims. You can represent yourself in small claims. You just can't represent a corporation unless you are licensed to practice law, even if you are the only shareholder of the corporation.

 

 

Thank you.

[heavy-set 39]

Thank you.

mechanics lein

 

he will nevr be able to sell the property without you being paid

[ToadSprocket 12]

If he has a contract he doesn't need a lawyer. This is what small claims is for. If you have a contract and completed the work just sue in small claims.

 

 

But we need a lawyer. See posts #s 24, 22, and 19.

 

 

Why so much anger? Saying that you are ROTFLYAO and that I don't know WTF I'm talking about and that I'm a dooshbag is not helping someone out. Especially when posts 19, 22 and 24 say YOU DO NEED A LAWYER TO REPRESENT A CORPORATION.

 

I looked in another thread of mine and you did seem to be trying to be helpful so I'll just consider this a misunderstanding.

But as I have said from the getgo we need a lawyer because we are incorporated.

[dolfan06 1]

Hey Toadsprocket. I think you should probably get a lawyer.

[ToadSprocket 12]

mechanics lein

 

he will nevr be able to sell the property without you being paid

 

 

 

True enough but if he claims bankruptcy the lien is void. Our company just went through this a few months ago.

We will lien this guy but he may not sell for years and years and it hurts right now.

[ToadSprocket 12]

Hey Toadsprocket. I think you should probably get a lawyer.

 

 

We have one who is doing quite well off us. :sadlip:

[Patriotsfatboy1 1,432]

But we need a lawyer. See posts #s 24, 22, and 19.

Why so much anger? Saying that you are ROTFLYAO and that I don't know WTF I'm talking about and that I'm a dooshbag is not helping someone out. Especially when posts 19, 22 and 24 say YOU DO NEED A LAWYER TO REPRESENT A CORPORATION.

 

I looked in another thread of mine and you did seem to be trying to be helpful so I'll just consider this a misunderstanding.

But as I have said from the getgo we need a lawyer because we are incorporated.

I think that his comment is based on posts 19 and 24 being in direct contradiction to the laws of the state in which you did the work, which is defined in Post 22. In that post (mine) it states that you cannot have a lawyer represent you unless they are looking to move jurisdiction or they are, individually, the plaintiff or defendant.

[Vikings4ever 535]

House. Punch. Face. Wife. Kids.

[Recliner Pilot 61]

Show up with a crew and uninstall all the stuff you previously installed. Let him sue you for breach of contract.

 

Put the ball in his court......so to speak.

[gocolts 300]

Show up with a crew and uninstall all the stuff you previously installed. Let him sue you for breach of contract.

 

Put the ball in his court......so to speak.

 

 

That would rule right there. Wonder if he would suddenly find the money.