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Topic:
Lawsuits, Liens or walk away
This thread has 27 replies. Displaying posts 16 through 28.
Post 16 made on Tuesday February 21, 2006 at 13:00
Mr. Stanley
Elite Member
Joined:
Posts:
January 2006
16,954
On February 21, 2006 at 10:50, Digital Home said...

One last thing write down every date and time
you have spoken too and continue to speak with
this customer and a brief description of what
you talked about and what was said by both parties.
Enclose that in a letter form with your lien letter
to your customer. If he takes that to his attorney
he'll know you are on top of everything and mean
business.

That's a great tip! A friend did a huge 8 year residential project... He saw the liability involved, and started documenting all his communications meetings and times and dates etc... Sure enough the builder screwed up, and didn't put conduit pulls in a few critical locations, and he tried to blame my friend... who pulled out his book that showed the conversations they had and dates regarding the counduits runs... (Saved his ass)...
I just did the same on a job with a real nutcase... started printing out all his emails, and nade notes of our conversations, etc.. The time you spend on this can be well worth it, although it seems like a pain... Sure enough with this nutcase, I've had to pull out my notes a couple of times...
Jason
"If it keeps up, man will atrophy all his limbs but the push-button finger."
Frank Lloyd Wright
Post 17 made on Tuesday February 21, 2006 at 15:20
Instalz
Active Member
Joined:
Posts:
April 2005
628
Hi Bob, sorry to hear about your problems. 4,000.00 is allot of money. I'm a really easy going guy, and go way out of my way for my customers, but when it comes to getting my money, I don't play around.
Knock on wood, my worst case scenerio has been waiting 4 months to get paid, but I was adding late fees. I did get my money plus my late fees. Every once in a while, I will commit a couple of hours to making phone calls to past due accounts. that seems to work. Along with the occational collections letter that I generate from quickbooks.
If you want to give me his address, I'll go break his legs for you..LOL..
Hope all works out.
Bobby....
Post 18 made on Tuesday February 21, 2006 at 19:02
PHSJason
Advanced Member
Joined:
Posts:
December 2002
994
Instead of giving him a discount, go the other way.
On our invoices, our payment terms are "due upon reciept". A good way to get the ball rolling on someone who is slow paying is to re-submit the invoice with a 10-20% late payment fee added on. When they call(and they will), explain that they received their bill and are now 30 days late. Make sure that it explains that the fee is added every 30 days like the power company, phone company, credit card companies, etc. If they complain about some minor item which you have done your best to fix, ask if they don't pay thier cell phoen bill due to a dropped call, or whether they don't pay the power company when there is an outage. Let them know that you will continue to do everything in your ability to make them happy, but your accounting system adds late payments when people are late, just like every one else.

Jason
Post 19 made on Tuesday February 21, 2006 at 19:44
ceied
Loyal Member
Joined:
Posts:
February 2002
5,754
take a bottle of brake fluid and dump it on his big fancy car....after a few hours the paint will peel right off....... yeah i know you wont get paid but it will cost a mint for his car to be repainted
Ed will be known as the Tiger Woods of the integration business, followed closely with the renaming of his company to "Hotties A/V". The tag line will be "We like big racks and tight holes"...
Post 20 made on Tuesday February 21, 2006 at 23:34
phil
Founding Member
Joined:
Posts:
December 2001
2,164
On February 20, 2006 at 22:47, idodishez said...
Wasnt that the original problem in the first place?
The power outage resulted in a powered down unit,
and re-applying power did NOT re-boot the unit.
So all the Xantech piece would allow would be
a discreet "power outage" :)

As part of the On macro send an off command to the outlet, on command to the outlet and power command to the sat. Sat will always be on.
"Regarding surround sound, I know musicians too well to want them behind my back."
-Walter Becker
Post 21 made on Tuesday February 21, 2006 at 23:50
Canyon
Long Time Member
Joined:
Posts:
February 2005
111
I had a customer that I honestly believe just simply forgot to submit payment on the pre-wire. I happened to be in the area and stopped by the house. The customer was there.

He didn't have his checkbook, but he felt bad about it so he dug around in his car for about 8 minutes and came back with a $700 cash down payment....

Late fees sound like a good idea. I have not done any late fees mainly because I don't know what the rules are, I seem to recall that there are limits, be careful.

Due upon receipt = Net Now!
Post 22 made on Tuesday February 21, 2006 at 23:55
rmht
Long Time Member
Joined:
Posts:
August 2003
295
On February 20, 2006 at 22:14, Trunk-Slammer -Supreme said...

I've filed liens in the past, and it was always
a useless process. Prettymuch the same with a
lawsuit. The lawyer gets his, you get satisfaction
but next to nothing monetarily.

I have heard the same from many others. I had a difficult customer a while ago who kept coming up with the most assinine reasons not to pay his bill. We finally came to an agreement that I would finish off a punch list of tweaks to get paid.

I showed up on time and dutifully went to work. The a**hole slipped out of the house as I was in the theater and his wife played the I don't have the checkbook routine, this is between you and my husband. I said fine, let me finish a few last things. I knew they both were clueless on operations because trainings were like Attention Deficit Disorder Theater with the both of them. I went to the theater a triple thumbed up Telletubies and Joy of Painting on the Tivo, in the Master Bed Tivo Night Calls and other Playboy shows. You can erase them all you want but they keep coming back.....I got paid a couple weeks later.

And not to be a dick, but I would never have a job even close to complete with $4K hanging. Especially if I had misgivings about the customer....that is what your gut is for.
"I am extremely skeptical about the role of fruit in Newton's life."
Post 23 made on Wednesday February 22, 2006 at 01:09
pilgram
Loyal Member
Joined:
Posts:
November 2004
5,684
I've only had one client try to side-step his final payment.

My gut feeling was that he overspent furnishing his house!

His biggest 'problem'(or so he said) was that he couldn't operate his theater!

He was always around, from the prewire to the NEAR completion.He alway's seemed like a good guy and I thought we got along great!

He dissapeared about the time I was ready to show him how to operate everything!

After multiple attempts to meet him for instructions, I finally caught him at home late one night(after business hours).

At the front door, I explained that I felt really bad that he had an excellent system and that I realy wanted him to be able to enjoy it.

He let me in, we went to the theater room, I calmly told him....

"Press DVD to watch DVD, press SAT to watch satellite, etc,etc."

He paid the next day!!!!(two months late)

If he would have acted like Tony Sopprano?

Put a couple of caps in his a**!

That'll learn 'im!! ;-)

4k covers a lot of bills!

Try to be nice and hopefully it will make him feel guilty.

I hate to involve lawyers.

One lawyer in a small town will starve; TWO lawyers in the same small town will get filthy RICH!!!

And you'll still be out 4k plus!

In retrospect; put a cap in his a**!

As a precaution; wear gloves, don't spit(dna!) and have a good aliby ;-)
Every day is a good day.......some are just better than others!

Proud to say that my property is protected by a high speed wireless device!
Post 24 made on Wednesday February 22, 2006 at 19:37
Larry Fine
Loyal Member
Joined:
Posts:
August 2001
5,002
Don't any of you have a "cost-of-collection" clause in your contract???
Post 25 made on Wednesday February 22, 2006 at 22:41
FRR
Advanced Member
Joined:
Posts:
June 2003
918
On February 22, 2006 at 19:37, Larry Fine said...
Don't any of you have a "cost-of-collection" clause
in your contract???

Yes, his name is Tony. It states that I will hand the account over to someone named Tony and Tony will decide the cost of collection.
Logic is a systematic method of coming to the wrong conclusion with confidence.
Post 26 made on Thursday February 23, 2006 at 16:55
jpease
Lurking Member
Joined:
Posts:
February 2006
7
I hope you all don’t mind, I am not in CI business but never the less in our business we have one or two special customer a year. It is amazing how some of your experiences are exactly like mine.

i.e. customer ask how much work I have to do and then sneaks out behind my back without payment and the poor little wife doesn't have a checkbook or amazingly not even a freaking credit card.

Or the customer decides after everything is done, complete/finished he wants to renegotiate the signed completed contract.

Or he wants more things/services for the same price of the original contract and refuses to pay until he gets what he wants.

I have not seen mentioned, where the customer threatens to sue you, bankrupt you, call his personal friend lawyer, call the chamber of commerce or better business bureau to file a complaint and destroy your business reputation. When I get done with you, you’ll be finished.
jpease
Post 27 made on Thursday February 23, 2006 at 17:07
jpease
Lurking Member
Joined:
Posts:
February 2006
7
Here is one more,

After the customer sneaking out behind me I had no choice but to leave the invoice on the counter. Yeah, the dude left me inside his house by myself. I mailed him a 15, 30, 45, 60 day notice, left many voice mail never received payment. Until this past week a thunderstorm rolled in a cold front and tripped a cricuit breaker he wanted he system fixed by the same evening and if I did additional work and gave him more inventory for free he would give me the check that was due Dec 16, 2005. Until then he was going to hold the check in ransom.
jpease
Post 28 made on Friday February 24, 2006 at 00:28
AnthonyZ
Select Member
Joined:
Posts:
September 2005
1,987
On February 21, 2006 at 19:44, ceied said...
take a bottle of brake fluid and dump it on his
big fancy car....after a few hours the paint will
peel right off....... yeah i know you wont get
paid but it will cost a mint for his car to be
repainted


That's freakin' awesome. ceied, you never fail with top notch advice! I don't know that I would have the guts but, I'd certainly fantasize about the client seeing it the first time.
"Just when I thought that I was out they pull me back in"
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