# Debt collection advice



## horsepowerlawns (Nov 12, 2006)

What do you guys do when you do sub work and they have not paid in over 40 days? He said you would be paid in 7-12 days.

How did you collect? 
Did you send it to a lawyer? file a lien? collection agency?

I have left several VMs. He claimed to have my check, but not have my address. I have given him my address in a PM, E-Mail, VM and someone gave it to him for me. But that didn't get me paid. So, today I dropped off a bill at his house. I am trying to follow the Fair Debt Collection laws, even though I don't have to because the debt is owed to me. I'm not going to post his name here.

Thanks for the help.


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## ThisIsMe (Oct 31, 2006)

At this point I would send a written letter by registered mail. Check with your state laws to see what might be required in the letter for the next step, small claims. Here in Mass we have Chapter 93A for protection, following this chapter gives it some strengths if you have to take them to small claims. 

If you have written proof of the contract, then a letter demanding payment in 30days or a request from the party as to why they do not feel the claim valid, also do with in 30days. State that after 30 days you will file a claim in court.

lawyer - costs too much
lien - costs too much
collection - they want a big percentage, read costs too much
small claims - just about right.


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## horsepowerlawns (Nov 12, 2006)

It was a phone call. So I have no contract.

I will give him few days to see if the bill helps get him to pay.

Could I add the lawyer cost to the bill? 
I don't know if I could put a lien on the place I plowed, its not his place.


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## Mick (May 19, 2001)

Generally, you're not able to put a lien on property for plowing snow or similar service. Without a contract, how are you going to prove what you and he agreed to? You say "I am trying to follow the Fair Debt Collection laws, even though I don't have to because the debt is owed to me." - what does that mean? Why don't you have to? Are you special in being exempt from the laws? If the debt WASN'T owed to you, then the law would not even be a consideration. I must be missing something.


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## ThisIsMe (Oct 31, 2006)

horsepowerlawns;381044 said:


> It was a phone call. So I have no contract.
> 
> I will give him few days to see if the bill helps get him to pay.
> 
> ...


No lawyer here,,,, but if I where in your shoes.

Keep your phone records. Even more so if he called you. 
Not sure on the lawyer, I think that depends on the state. I would guess that since you have no contract, and no contract that states that you can add on additional fees, my gut feeling would be no.

I went through a few collections. Even with an invoice, you still need to have notes on the invoice regarding interest and collection fees if it came to that. Else you could only collect the original amount.

I am pretty sure a lean will cost you most of what is owed in lawyer fees.

Any proof you preformed the work? Pics, witness etc....?

If I were in your shoes, I would send and invoice registered mail to him. Include late fees, collection fees etc... Also note on the invoice that if he feels it to be incorrect he has 30 days to respond in writing. At least you have a start.

Could also think about sending the actual customer an invoice. Not sure but I think you have a right to collect from them if the contractor did not pay. Could be a cheaper start then a lean, could also make him wake up and pay since the customer is now in the know of his practices.


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## horsepowerlawns (Nov 12, 2006)

Mick;381049 said:


> You say "I am trying to follow the Fair Debt Collection laws, even though I don't have to because the debt is owed to me." - what does that mean? Why don't you have to? Are you special in being exempt from the laws? If the debt WASN'T owed to you, then the law would not even be a consideration. I must be missing something.


Because he owes ME and I am NOT using someone to collect, I don't have to follow the laws.

http://www.indianajustice.org/Data/DocumentLibrary/Documents/1053371789.26/0105debt collection.pdf

I had someone PM me some info I will use Monday.

I think they will remember me plowing the lot.


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## cjasonbr (Nov 18, 2005)

is that really a link to "indianjustice.org"? Doesn't look like the laws you are referring to are very official.....


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## farmboy555 (Sep 6, 2006)

Bill the customer's you worked for, let them know what's going on. If you did good work they should be your customers the next time.


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## horsepowerlawns (Nov 12, 2006)

farmboy555;381094 said:


> Bill the customer's you worked for, let them know what's going on. If you did good work they should be your customers the next time.


A 6ft blade and a very large parking lot don't mix well.


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## Ole Tower (Jan 29, 2007)

YOU said He called YOU? Thats NG in Court your word against His! another NG Did You just plow One? or secveral of His Customers? to ME theres a lot of INFO un-known?? whats the Total Bill? One Customer? or as stated above? serveral?? & I assume? Hes on this Site? due to You Not desiring to Mention Him? there again? WE Dono? I*M Not much into the Legal Court Deal-- I*D find Out? Where He hangs out? Coffee shop? Garage? where ever? & Confront HIM Up close & Personal in Front of as many others as Possible? & here in MAINE any One Dunded< {asking!} for Non payment of any Bill in front of others is--PAID in FULL-- just by You Dunning who ever? in PUBLIC! & theres a 50/50 chance He does Not know this LAW? so He Might? Pay You?--so its a 50/50 chance? You would Get PAID? & even If He Don*t? Your Asking & in front of others will EMBARRAS Hell out of HIM? as every One there Will Know! that He Cheated You! which to ME is what Lifes all about--Seperating the Good Guys! from the BAD Guys! & as a Moderator here in our local court system & where I Dono ither of You? Here it will Cost YOU $100.00 in Court if You Punch Him on His BUT in front of other People! Thats IT--the Balls in Your Court!--Ole Tower


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## ThisIsMe (Oct 31, 2006)

Mick;381049 said:


> Generally, you're not able to put a lien on property for plowing snow or similar service. Without a contract, how are you going to prove what you and he agreed to? You say "I am trying to follow the Fair Debt Collection laws, even though I don't have to because the debt is owed to me." - what does that mean? Why don't you have to? Are you special in being exempt from the laws? If the debt WASN'T owed to you, then the law would not even be a consideration. I must be missing something.


I have heard that landscaping is sometimes allowed as a lean, even cleaning services (cleaning after a fire), not sure if snow plowing could be far off?


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## payton (Nov 3, 2005)

the guy is a real dickwad. hes screwed over several people for quite a bit of coin. at one point i do belive he was close to 30k in debt to subs over snow removal. i know of at least one witness to the mess well a portion of the mess that will hold up in court if i could fiqure out my damn dvd recorder.. 

payton


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## Mick (May 19, 2001)

horsepowerlawns;381053 said:


> Because he owes ME and I am NOT using someone to collect, I don't have to follow the laws.
> 
> http://www.indianajustice.org/Data/DocumentLibrary/Documents/1053371789.26/0105debt collection.pdf
> 
> ...


I think you might want to read this:
http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#803
You would be a "Creditor" and these federal debt collection laws DO apply to you.


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## payton (Nov 3, 2005)

just go knock on his door. you know what he drives. if not call me. 

come by the house and ill share the vid with ya.

payton


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## horsepowerlawns (Nov 12, 2006)

payton;381164 said:


> just go knock on his door. you know what he drives. if not call me.
> 
> come by the house and ill share the vid with ya.
> 
> payton


I did that today. The truck with on plate was there and the car with an out of state plate was there. The SUV was not. The man that answered the door said he was not there. It was about 2PM when I did this and still no call.


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## RBRONKEMA GHTFD (Dec 17, 2006)

If you want your money bad enough I wouls start calling him and stopping by everyday and I would always be calling him. Keep your phone records and when you stopped by his house. If it was me I would be calling in the middle of the night asking for some money. Also you might try asking the customers if they got a bill from him and for how much. Just to see if he is getting paid at all. But it doesn't make it right. The guy I am subed thru pays me before he gets paid. Hope you get everything worked out. Keep us posted on whats going on too.

Ryan


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## payton (Nov 3, 2005)

a good contractor makes sure his guys are paid b4 hes paid. i know this cause i make sure my guys are paid.


white chevy was there? but no black jeep thats what hes driving last i knew.

payton


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## horsepowerlawns (Nov 12, 2006)

payton;381183 said:


> a good contractor makes sure his guys are paid b4 hes paid. i know this cause i make sure my guys are paid.
> 
> payton


The last guy that sent me a check called because I didn't let him know I got it. I had only had it for 1.5 days. He wanted to make sure I got paid. Thats why I will work for him next year. :waving: payup


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## horsepowerlawns (Nov 12, 2006)

Mick;381154 said:


> I think you might want to read this:
> http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#803
> You would be a "Creditor" and these federal debt collection laws DO apply to you.


FALLACIES
Fallacies regarding debts and debt collectors or collection agencies
are:
* That creditors are unable to or are forbidden by law from turning
accounts over to a collection agency. This is simply not true. Debts
arising out of virtually all transactions can and could be turned over to
collection agencies for collection efforts.
* That if a person is making any effort at paying a debt, it cannot be
turned over to a collection agency nor can a lawsuit be filed. Again, this
is not true. A creditor is entitled to be paid according to the terms of the
contract and has every right to resort to collection agencies or lawsuits
in order to collect, if necessary.
* That the creditor must comply with the Federal Fair Debt Collection
Practices Act in collecting their accounts. *The Act does not apply to the
creditor or employees of creditors in collecting their own debts in their
own names; the act only applies to third party collectors such as
collection agencies and attorneys who collect debts on a regular basis.*

This is a better link than what I posted before, but both say I don't have to follow it. (Just trying to teach him to be a professional ;-) )
http://www.in.gov/dfi/education/pdfs/debtcolpdf.pdf


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## payton (Nov 3, 2005)

horsepowerlawns;381186 said:


> The last guy that sent me a check called because I didn't let him know I got it. I had only had it for 1.5 days. He wanted to make sure I got paid. Thats why I will work for him next year. :waving: payup


sounds like a hell of a great guy..


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## horsepowerlawns (Nov 12, 2006)

payton;381191 said:


> sounds like a hell of a great guy..


:salute:


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## vwovw (Jan 26, 2007)

you can put a lien on the bussiness that you plowed. but let them know first. then they can go after the bum you worked for. if all else fails he should at least loss his contracts. i'm a punk like that. in school if some bully f'd with me or my friends i let their parents get the rebuttal. you know spray paint crap about their kid on their house and car. Bet the kid got it worse. so go after his contracts gently so they know the scum they have doing their lot.


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## Flipper (Nov 1, 2001)

Is this a business or homeowner that owes you? How much is it? Sometimes it is just better to right it off as uncollected and never do business with them again then go through all the trouble.


On called in service just like flag downs we always get cash at the time of service.


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## lawnMaster5000 (Jul 28, 2000)

i didnt read all the replies in the middle but check out www.olddebts.com

$17 and you will probably see your money


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## horsepowerlawns (Nov 12, 2006)

He called me and I picked up a check on Saturday. His bank said it was good, (at that time), but would not cash it for me because it was made out to my business and not me.

I will know if its good in 2-3 days.


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## andrewcarrigan (Jun 10, 2007)

when we do sub work with someone new we require a post dadted cheque for x numer of $ and then the balance when due, so we dont get totally screwed. has woked good for us. good luck.


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## unit28 (Jan 1, 2007)

Mick;381154 said:


> I think you might want to read this:
> http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#803
> You would be a "Creditor" and these federal debt collection laws DO apply to you.


A contractor is not a creditor....ROTFLMMFAO...


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