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How to handle this
This thread has 74 replies. Displaying posts 46 through 60.
Post 46 made on Wednesday November 20, 2013 at 19:44
Jeff at Zektor
Active Member
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596
A final demand letter stating that you intend to do the followng within 7 days if not paid in full:

Place a Mechanics Lien on the property

Notice that you intend to file a 30/60 day late notice on their credit report- Not hard to find someone's SS number

Then:

Letter from attorney to include original amount, interest, attorney's fees

Final: file a lawsuit in small claims or superior court and have them served by a uniformed Sheriff or police officer. Nothing like a uniformed peace officer walking into their office to serve them.
Jeff Haynes
The CA Guy
Coastal Source [email protected] 619-889-3700
Post 47 made on Wednesday November 20, 2013 at 20:10
Hasbeen
Loyal Member
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5,272
On November 19, 2013 at 23:24, brandenpro said...
I doubt its illegal. Why would it be? Slander?

Because there are laws protecting the privacy of individuals.  If you are a collector, and you call someone who is NOT the person who owes the money, you cannot tell them what it's regarding.  If you do, your ass is gonna get sued, and they'll win.

Let's say for example, this guy is a total douche, and because of this phone call, his boss fires him.  Now let's say this guy makes 200k per year.  How much is the court going to award him because your phone call got him fired?   

Here's the law.

A Collector may not contact anyone else to discuss the Debt with them. Collectors may contact other people, one time only, to find out where you live, work and what your phone number is.(15 U.S.C. §1692c(b).)
A Collector may not:
Contact another person more than once --unless that person tells the Collector it is okay to call again; or
Tell the person he contacts that it is in the debt collection business; or
Send them a postcard or any type document with any information or marks on the envelope that may communicate that the Collector's purpose is to collect a debt.
(See What can a Collector say? What they may not say.)
A Collector may only make contact once with your employer. A Collector who has not contacted your employer can send a letter asking for verification of your employment. . Collectors are not allowed to ask your employer or co-workers personal information about you. If the Collector contacts your work-place more than one time, for the same purpose, you may tell the Collector not to phone you at work because your employer does not want you to receive those kinds of calls at work. (15 U.S.C. §§ 1692b-c)





 
Post 48 made on Wednesday November 20, 2013 at 20:23
Zohan
Super Member
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September 2010
3,092
Trying to find a loophole here:

Is he considered a "collector" even though he is not a debt collection agency?
Is he not a small business owner just trying to get paid for his services....is that considered a "collector" or can he dance in the grey area, if there is one?
Post 49 made on Wednesday November 20, 2013 at 21:04
Hasbeen
Loyal Member
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5,272
There is no grey area.  Customer owes him.  He's trying to collect.  He's a collector.  

You cannot talk about a persons debt with anyone except that person. 

Best thing to do is to just play "Country dumb"  show up at the guys house (when you know he's home, because you watched him pull in the driveway).  Show up a few minutes later under the pretense that you were in the area finishing up an installation, and since you guys keep missing each others phone calls, you figured you'd drop by.  

Get your check or your sh!t.  But don't leave without something.  

If you get your Sh!t send him a bill for X amount of dollars for every hour viewed on the projector.  

I'd charge about $150. per hour.  

Send him the invoice, when he doesn't pay that either, take him to small claims court.  You'll win. 

You won't recover all of it, but you'll recover.  Once you get a judgement, if he doesn't pay, the court has the power (and will use it) to seize the money from his bank account.

He'll literally wake up one morning and the money will be gone.  



 
Post 50 made on Wednesday November 20, 2013 at 21:26
BlackWire Designs
Senior Member
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September 2006
1,401
back when i installed i had this guy who was your typical pretty boy, BMWs, nice condo, talked a big game but when it came to paying the bill he never had the money or wanted discounts and promised referrals etc

well i got sick of waiting so i remoted into his Control4 system and renamed every room and source to "I Dont Pay My Bills"

I then set a timer on his DirecTV to change the channel every 20 minutes and to execute stop on his dvd player after 30 minutes

48 hours later i had a check
BlackWire Designs
Post 51 made on Thursday November 21, 2013 at 11:27
Dawn Gordon Luks
Founding Member
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1,176
Kevin,

Love that solution!
Post 52 made on Thursday November 21, 2013 at 13:05
Duct Tape
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On November 21, 2013 at 11:27, Dawn Gordon Luks said...
Kevin,

Love that solution!

except it being illegal and all..
[Link: facebook.com]
Post 53 made on Thursday November 21, 2013 at 13:34
Tom Ciaramitaro
Loyal Member
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May 2002
7,851
There would be nothing illegal about waiting in his driveway until he came home from work, or better yet showing up at his office and ask for him. What's it regarding? An unpaid bill that is 90 days overdue. Could be very effective.
There is no truth anymore. Only assertions. The internet world has no interest in truth, only vindication for preconceived assumptions.
Post 54 made on Thursday November 21, 2013 at 15:01
punter16
Active Member
Joined:
Posts:
May 2011
568
Especially if you are a giant human.
See our Youtube page for info about smart homes, great audio and more.

[Link: youtube.com]
Post 55 made on Thursday November 21, 2013 at 16:17
Mr. Brad
Advanced Member
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Posts:
April 2008
934
I have a lot of stories in addition to my earlier post.

My partner had a customer who wasn't paying. I started to call his home and mobile number daily and leave messages about his outstand invoice. He didn't respond.

The guy worked at a bank. I called his office and the receptions told me he was busy, but could take a message. When she asked what it was regarding, I simply stated that I wall calling about a past due invoice. This was much better than getting a voice mail.

He called my partner later that day and told him we was mailing a check, and to please get me off his back. We even did subsequent work for him. (85% deposit to start).

Don't give up yet.
Post 56 made on Friday November 22, 2013 at 08:51
Dawn Gordon Luks
Founding Member
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1,176
On November 21, 2013 at 13:05, Duct Tape said...
|

except it being illegal and all..

Would it be illegal if the contract said that all equipment was owned by the installer until all bills were paid?

And/or if the contract said that "Failure to pay upon Substantial Completion may result in the cessation of system operations."???
Post 57 made on Friday November 22, 2013 at 09:05
Duct Tape
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On November 22, 2013 at 08:51, Dawn Gordon Luks said...
Would it be illegal if the contract said that all equipment was owned by the installer until all bills were paid?

And/or if the contract said that "Failure to pay upon Substantial Completion may result in the cessation of system operations."???

from the many discussions about this, my understanding is that if you remote into a system to disable functionality without the customer's permission, you are trespassing.
[Link: facebook.com]
Post 58 made on Friday November 22, 2013 at 10:04
BlackWire Designs
Senior Member
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On November 22, 2013 at 09:05, Duct Tape said...
|
|

from the many discussions about this, my understanding is that if you remote into a system to disable functionality without the customer's permission, you are trespassing.

nothing was disabled :)

I "enhanced" the function of it
BlackWire Designs
Post 59 made on Friday November 22, 2013 at 10:05
Duct Tape
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On November 22, 2013 at 10:04, BlackWire Designs said...
nothing was disabled :)

I "enhanced" the function of it

but you still trespassed.   

i'm not saying that i am against what you did, just that it isn't legal.
[Link: facebook.com]
Post 60 made on Friday November 22, 2013 at 10:51
Ranger Home
Super Member
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June 2007
3,476
Going 60 in a 55 isn't legal either. I say take your chances.

How hard would it be for a customer to PROVE you got into their system if all the sudden it didn't work? They NEED you now. And its VERY simple, pay the bill and I will come fix it.
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