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Discussion Starter · #1 ·
I recently had a lady that needed a temp pole set for a portable business. I did the work and was never paid. Now she doesn't answer calls. I have consulted my attorney about getting my material back but found out that I would be breaking the law to repossess my material. I would appreciate any advice. I've been in business 5 years and this is the first time I've been screwed.
 

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I "rent" my temp pole, I "think" I could take it for non-payment the way my contract is worded. Never had to though, yet.

Tom
 

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RIP 1959-2015
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I recently had a lady that needed a temp pole set for a portable business. I did the work and was never paid. Now she doesn't answer calls. I have consulted my attorney about getting my material back but found out that I would be breaking the law to repossess my material. I would appreciate any advice. I've been in business 5 years and this is the first time I've been screwed.
Welcome to the club.

Have you gone back to her property and asked for payment in person?

How long have you been waiting and did you get a downpayment that covered your stock?

Never do a job without a downpayment that at least covers the stock.

You may need to take her to small claims court.
 

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I recently had a lady that needed a temp pole set for a portable business. I did the work and was never paid. Now she doesn't answer calls. I have consulted my attorney about getting my material back but found out that I would be breaking the law to repossess my material. I would appreciate any advice. I've been in business 5 years and this is the first time I've been screwed.
Pretty sure I would visit her bussiness while she had customers to ask about the payment and be sure to speak politely but loud enough for her customers to hear.
 

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ET rocks
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Don't let it consume you. Keep work'n and make money while "your attorney" files a lein on her.
 

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Discussion Starter · #6 ·
I haven't had to start taking a downpayment but think that will be a new policy. As far as a lein my attorney said without a written contract I cant lein her. Contracts no matter how small the job will also be a new policy. Calling it a rental temp pole is a great idea and my contract wording will be supportive of that. I have tried to visit the business but havent had luck catching them open. I will go to small claims because its the principal. She will have to pay my attorney I hope.
 

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Never work without a detailed written contract. Your lawyer can start you with standard terms. Every time you get cheated on a contract it will add a new line of terms to your contract. Reading a contractors terms is reading their company history.

Your lawyer can advise you on advances. Laws vary by state but even California contractors find a way to get the money early. Have very low final payments. Some people love large final payments to use as leverage against you, or not pay at all.

Collections is part of business. I'm in residential service and it is COD. I started out shy asking about money. After a few decades I am very comfortable planting my feet in the entryway and saying things like "Were you going to write a check for this now or do you prefer to pay with a credit card?"
 

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I haven't had to start taking a downpayment but think that will be a new policy. As far as a lein my attorney said without a written contract I cant lein her. Contracts no matter how small the job will also be a new policy. Calling it a rental temp pole is a great idea and my contract wording will be supportive of that. I have tried to visit the business but havent had luck catching them open. I will go to small claims because its the principal. She will have to pay my attorney I hope.
You can probably file a "mechanics lien" to get your money. Used to be less than a $100, no attorney required. Hope you have some paperwork.
 

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it happen once in awhile , the handshake contract doesn't mean anything for some .It's gonna take time and money legally , is it worth the headache and long term frustration or move on .I would not go to her business if you are mad about her cause it will go against you , so if you use an attorney , just stay away from her .
 

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THE "BIG RED MACHINE"
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I recently had a lady that needed a temp pole set for a portable business. I did the work and was never paid. Now she doesn't answer calls. I have consulted my attorney about getting my material back but found out that I would be breaking the law to repossess my material. I would appreciate any advice. I've been in business 5 years and this is the first time I've been screwed.
Do you have a contractors license? Why no written contracts?In Cali you can small claims up to 5000 it may even be more now.Why not try a small claims?
Get you're down payments, progress payments figured out.
Front load the hell out of those progress payments.
 

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Discussion Starter · #12 ·
Yes sir fully licensed, bonded and insured. Contracts are definately in place from here on
 

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Painters tape.. oak tag.. and a van... make up signs and park it in front of her business..

"XXXX HIRED ME TO DO WORK AND NOW SHE WONT PAY THE BILL.

CALL HER AT XXX-XXX-XXXX AND TELL HER WHAT YOU THINK..

Have letters ready to hand out to her cstomers explaiing what happened and maybe you will get some work out of it also.. :thumbsup:
 

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THE "BIG RED MACHINE"
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Yes sir fully licensed, bonded and insured. Contracts are definately in place from here on
Good for you that your licensed,etc. Don't be afraid of progress payments.Even on job smaller than 2000.
We have had our problems, we're not afraid to do progress payments on the smaller jobs. Remember front load the hell out of those progress payments.Also, like one of the other guys said,C.O.D. your also now a C.O.D. company. Don't be afraid to tell your customers you are a C.O.D company.Good luck!
 

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I haven't had to start taking a downpayment but think that will be a new policy. As far as a lein my attorney said without a written contract I cant lein her. Contracts no matter how small the job will also be a new policy. Calling it a rental temp pole is a great idea and my contract wording will be supportive of that. I have tried to visit the business but havent had luck catching them open. I will go to small claims because its the principal. She will have to pay my attorney I hope.
You alway have a proposal for them to sign, pm me i have some thing you could use.
 

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Painters tape.. oak tag.. and a van... make up signs and park it in front of her business..

"XXXX HIRED ME TO DO WORK AND NOW SHE WONT PAY THE BILL.

CALL HER AT XXX-XXX-XXXX AND TELL HER WHAT YOU THINK..

Have letters ready to hand out to her cstomers explaiing what happened and maybe you will get some work out of it also.. :thumbsup:
I see signs like that around here on occasion and they don't stay up very long. Must work.

Its amazing how they can come and repossess your car if you don't pay, but trades people cannot take back things that have not been paid for. Not fair at all.
 

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Sounds like you are making some good changes. As far as the current non payment, I would do the small claims court route. I thought I heard once that you were not allowed to bring an attorney to small claims court.
 
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