So here is my dilemma. Recently a client on my workshop had an issue with her son requiring surgery. She asked me not to cash her check until we returned home because she was uncertain that she could go . Well, surgery went fine and she came in the trip. I get home, deposit the check to find out that she has cancelled payment. Now I am out all of her hotel and transportation costs. What recourse. Do I possibly have?I trusted her and she had every intention of screwing me from the beginning. Small claims maybe? I am at a total loss.. thanks for any input.
Sounds like you need a lawyer, not a photography blog. Good luck!
See if you can find a lawyer who offers a free consultation. Talk to your local public prosecutor, too.
Rick
Judge Judy. If nothing else she will yell at her and call her a liar. Judge Judy will probably yell at you and call you a liar, also.
Kalina54 wrote:
So here is my dilemma. Recently a client on my workshop had an issue with her son requiring surgery. She asked me not to cash her check until we returned home because she was uncertain that she could go . Well, surgery went fine and she came in the trip. I get home, deposit the check to find out that she has cancelled payment. Now I am out all of her hotel and transportation costs. What recourse. Do I possibly have?I trusted her and she had every intention of screwing me from the beginning. Small claims maybe? I am at a total loss.. thanks for any input.
So here is my dilemma. Recently a client on my wor... (
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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
Kalina54 wrote:
So here is my dilemma. Recently a client on my workshop had an issue with her son requiring surgery. She asked me not to cash her check until we returned home because she was uncertain that she could go . Well, surgery went fine and she came in the trip. I get home, deposit the check to find out that she has cancelled payment. Now I am out all of her hotel and transportation costs. What recourse. Do I possibly have?I trusted her and she had every intention of screwing me from the beginning. Small claims maybe? I am at a total loss.. thanks for any input.
So here is my dilemma. Recently a client on my wor... (
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Check with your local Prosecutors office. They may have some laws that protect you.
You might find that the costs in time, effort, frustration and stress are beyond what you can recover in cash. Perhaps you take the lesson and move on.
Small claims court seems like a good option - small filing fee but include the option to have her formally served with the notice. I have used it twice with good results - once against Midas Muffler.
How the hell am Inthe liar. She went to Iceland on my nickel forc9 days absolutely free!!!
Thank you, Inwas thinking small claims court.
Thank you, Inwas thinking small claims court.
Whether to go to small claims would, in my view, depend on how much of a loss for your yearly operations it would be to not pursue it and whether you can use your loss to reduce your tax obligation. Pursuing anything in court will take your valuable time.
Secondly, I’d suggest hardening your heart a bit and state in your policies that receipts are deposited immediately and any refunds will be returned only after unrecoverable expenses are deducted.
Stan
As a former small business owner I have had experience with this. In fact as a landlord for one apartment I have had further experience with this sort of thing. As Dennis pointed out she may have a valid reason for the cancelled check perhaps before the event took place. Formally write to her andask her for payment. If that doesnt work. She intended to screw you from the beginning. Your next option is the small clains action. You will have to pay a small fileing fee and a sherrif for service. And you will most likely win in court. However you will probably never see a dime as these are hard to collect, and those who seek to defraud you know this as those types are very knowledgeable about this process. I wish you good luck.
Bob
Kalina54 wrote:
So here is my dilemma. Recently a client on my workshop had an issue with her son requiring surgery. She asked me not to cash her check until we returned home because she was uncertain that she could go . Well, surgery went fine and she came in the trip. I get home, deposit the check to find out that she has cancelled payment. Now I am out all of her hotel and transportation costs. What recourse. Do I possibly have?I trusted her and she had every intention of screwing me from the beginning. Small claims maybe? I am at a total loss.. thanks for any input.
So here is my dilemma. Recently a client on my wor... (
show quote)
How much cost are you out? Evaluate the loss vs the expense of suing vs the emotion involved. If the cost is far less than the expense of suing, write it up as lesson learned. In the future require a deposit and do not give in to sympathy. If you had cashed her check, you could have given a refund and if it was necessary, you could have deducted a service fee.
Ouch! And Iceland trip would be a lot of money! Moving on from that much money would be a lot of stress!
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