Cancelled payment
Oct 17, 2018 10:18:06 #
Kalina54 wrote:
I once went the small claims route. I won in small claims. So the next step you have to define for the court what assets she owns that can be sold to satisfy that claim. Also I had to pay $75.00 each time a sheriff went out to serve her. So here is my dilemma. Recently a client on my wor... (show quote)
What I wound up doing she owned a house. I filed a lien on her house. One year later, she decided to sell the house and my lien had to be paid.
Oct 17, 2018 10:19:36 #
blue-ultra wrote:
As a former small business owner I have had experi... (show quote)
A good point, Bob, about winning in court but not seeing a dime. Years ago I owned a rental property. Most tenants were decent people who took care of the place and paid on time. Three over the years were deadbeats who owe me money over twenty years later. I did take them to court and did win but as the judge pointed out, winning the law suit and collecting were two different things. I was able to garnish wages of one but the others simply left the area.
Dennis
Oct 17, 2018 10:25:41 #
Start with a letter to the woman, followed by a small claims action. The small additional cost is a chance to collect what is due you. At the very least if you still can't collect she will be on record as a thief. Just rolling over and taking a tax loss without attempting to collect condones her action and asks the government (us) to pay for her trip
Oct 17, 2018 10:35:44 #
As mentioned above, if your based in the UK the Small Claims Court process is easy and low cost even for claims of several £k. There are no lawyer fees as you document, and forward copies of everything on the internet. https://www.gov.uk/make-court-claim-for-money/court-fees
From what you say the case is clear cut - sometime even the papers arriving on their door is enough for them to get in contact. I have used the process twice in the last 15 years - once for £300 Garmin GPS which didn't perform, and another for a loan of £2000 to a (very ex) friend.
In both cases my documentation was solid as yours would appear to be - the invoices you sent, any emails, a letter from the hotel saying she stayed on your account. Well worth the few hundred you'll need to lay out (ie. £410 total for £5k-10k.) Dont forget to add interest, time on phone calls, any bank charges, disruption to your business as you waste time on the process etc.
Really pis*!$% me of with mine - especially the desparate friend who suddenly stopped answering calls - but got satisfaction, and don't forget if you lose its only the cost of the claim fees. If they lose they get a County Court Judgement registered on the big 3 credit rating agencies. Watch them try to get credit for 5 years after that. Get justice, get what you are due - and if not the CCJ judgement will get even!
From what you say the case is clear cut - sometime even the papers arriving on their door is enough for them to get in contact. I have used the process twice in the last 15 years - once for £300 Garmin GPS which didn't perform, and another for a loan of £2000 to a (very ex) friend.
In both cases my documentation was solid as yours would appear to be - the invoices you sent, any emails, a letter from the hotel saying she stayed on your account. Well worth the few hundred you'll need to lay out (ie. £410 total for £5k-10k.) Dont forget to add interest, time on phone calls, any bank charges, disruption to your business as you waste time on the process etc.
Really pis*!$% me of with mine - especially the desparate friend who suddenly stopped answering calls - but got satisfaction, and don't forget if you lose its only the cost of the claim fees. If they lose they get a County Court Judgement registered on the big 3 credit rating agencies. Watch them try to get credit for 5 years after that. Get justice, get what you are due - and if not the CCJ judgement will get even!
Oct 17, 2018 10:37:08 #
If you are operating a BUSINESS doing classes or workshops etc., approach this like a business person.
Firstly, contact the party that issued the check and try to find out what is going on and offer a remedy to secure payment. If there was illness in the family, perhaps there was an oversight or a hasty decision to stop payment on the check during an emotional time.
If this produces no results, send a registered letter demanding payment within a reasonable time (10 days) with advice that a court action will take place without further notice if there is no response. In some jurisdictions, issuing a NSF or "stopped" check may be considered fraud when goods or services were secured under false pretenses.
Small claims courts are provided, in most jurisdictions, to provide access to the civil justice system for folks to pursue claims up to a certain limit. You will not require the services of a lawyer, you can present you own case- it's simple enough. The fees are usually nominal. Make a claim! When folks receive a summons to attend court, many will pay up to avoid further costs and embarrassment.
Again, if you continue to offer classes, you can stipulate that bookings and payments be made well in advance to provide for clearance of checks. Another alternative is to make arrangements with you bank or credit card provider to accept credit and debit card payments.
Forget about those television court programs- NONSENSE! If the amount is significant enough to put in the time, the courts are at your disposal. If it's too much of a nuisance and not worth the time, just write it off as a bad debt and be more cautious in the future.
I've been in business for a very long time and find that most folks are honest. Every now and again some matters of collection occur- it's part of business.
Firstly, contact the party that issued the check and try to find out what is going on and offer a remedy to secure payment. If there was illness in the family, perhaps there was an oversight or a hasty decision to stop payment on the check during an emotional time.
If this produces no results, send a registered letter demanding payment within a reasonable time (10 days) with advice that a court action will take place without further notice if there is no response. In some jurisdictions, issuing a NSF or "stopped" check may be considered fraud when goods or services were secured under false pretenses.
Small claims courts are provided, in most jurisdictions, to provide access to the civil justice system for folks to pursue claims up to a certain limit. You will not require the services of a lawyer, you can present you own case- it's simple enough. The fees are usually nominal. Make a claim! When folks receive a summons to attend court, many will pay up to avoid further costs and embarrassment.
Again, if you continue to offer classes, you can stipulate that bookings and payments be made well in advance to provide for clearance of checks. Another alternative is to make arrangements with you bank or credit card provider to accept credit and debit card payments.
Forget about those television court programs- NONSENSE! If the amount is significant enough to put in the time, the courts are at your disposal. If it's too much of a nuisance and not worth the time, just write it off as a bad debt and be more cautious in the future.
I've been in business for a very long time and find that most folks are honest. Every now and again some matters of collection occur- it's part of business.
Oct 17, 2018 10:38:06 #
I guess what I don't understand is why you would have agreed to this in the first place? And why were you paying her expenses? Sounds weird to me.
Oct 17, 2018 10:38:24 #
dennis2146 wrote:
A good point, Bob, about winning in court but not seeing a dime. Years ago I owned a rental property. Most tenants were decent people who took care of the place and paid on time. Three over the years were deadbeats who owe me money over twenty years later. I did take them to court and did win but as the judge pointed out, winning the law suit and collecting were two different things. I was able to garnish wages of one but the others simply left the area.
Dennis
Dennis
Horror stories anonymous; I took a man to small claims court in New Mexico to recover a first and last rent deposit (The house wasn't ready on time and after two reschedules, I had to find other accommodations) The man wasn't married but showed up in court with a "wife" and small child. The judge awarded me half because the owner had fallen on hard times.
Oct 17, 2018 10:48:14 #
dennis2146 wrote:
I believe your only recourse is to first, call the woman and/or send her a letter asking what is going on; she contracted with you for your services at a set price which she agreed upon by sending you the check. At least give her a chance to explain what happened. Following that, if she does not pay you, your best option is small claims court as you have stated. Good luck.
Dennis
Dennis
Much better advice than to post the problem on a photography site. --
Oct 17, 2018 10:49:55 #
Sounds like your your own boss, first without accusations write her, require signature for receipt of mail, ask her for the payment in full. If she never receives it, call her, make record of calls you make to her. Be professional about this. Your letter should include that failure to pay or respond will result in court claim against her and all legal cost resulting from going to court. By all means if the amount of money fits into the parameters for small claims court take her to court. You will need proof she went on said trip. Please do not let her get off without paying. She will do it again to someone else.
Oct 17, 2018 10:50:29 #
Oct 17, 2018 10:51:13 #
PixelStan77 wrote:
I once went the small claims route. I won in small claims. So the next step you have to define for the court what assets she owns that can be sold to satisfy that claim. Also I had to pay $75.00 each time a sheriff went out to serve her.
What I wound up doing she owned a house. I filed a lien on her house. One year later, she decided to sell the house and my lien had to be paid.
What I wound up doing she owned a house. I filed a lien on her house. One year later, she decided to sell the house and my lien had to be paid.
If they own real estate, the lein is a great way to go.
Oct 17, 2018 10:56:16 #
Kalina54 wrote:
So here is my dilemma. Recently a client on my wor... (show quote)
File the small claim...it will be a PÍA for her, give you some satisfaction, and you very well might get your money.
Don’t waste it on a lawyer.
Oct 17, 2018 10:56:37 #
dennis2146 wrote:
I believe your only recourse is to first, call the woman and/or send her a letter asking what is going on; she contracted with you for your services at a set price which she agreed upon by sending you the check. At least give her a chance to explain what happened. Following that, if she does not pay you, your best option is small claims court as you have stated. Good luck.
Dennis
Dennis
Good advice!
Oct 17, 2018 11:00:38 #
Don't forget to check the small claims court limits in the jurisdiction in which you file. You probably need to file where they live.
Oct 17, 2018 11:02:03 #
Bill_de wrote: Much better advice than to post the problem on a photography site.
--
Much better advice than to post the problem on a photography site. --
But that advice came from posting the problem on a photography site.
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