"Non"-Payment from a project
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- ethanfink0
I have had this happen as well, it is no fun.
Steps:
-Nag/Re-Invoice
-Let him know your lawyer will be in contact with him
-Get/Contact your lawyer
-Take him to Small Claims Court
-Get a bill collector: http://www.businesscollections.o… (first google sponsored ad, however they take a commission of the returned cash)Let us all know how it turns out... and good luck!
- ethanfink0
Also, if you have a paper-trail of conversations, those conversations are legally binding...
So you don't have to sign a contract, as long as he agrees to estimates, prices, time, etc over email or in writing.
A contact is generally a good idea, but they also can drive causal buisness away. So pick and choose, and get references!
- geoffism0
I chatted with a lawyer last night. My toughest delima is that I moved back to NYC since completing this project, so doing the small claims thing in Atlanta is going to be tough. He said I could deposit the check but notate the memo section, where he wrote "Payment in Full" that I should write above it - "Accepted as partial payment of invoice #_____ for a total of $5325".
I'm just waiting to see if the check clears.
- Redmond0
"He's played this game before and legally knows he's done if you cash it.– tparsons1/2"
Exactly, that guy, he's not that innocent.
- woodyBatts0
Hey...just chiming in my 2 cents because I have had this issue a number of times. But the thing is a little understanding goes a long weays, I would contact the guy and be sympathetic, "hey we've all had hard times...etc etc." This at least brings you back to a professional level. In the face of hardship don't sacrifice your morals. Then I would find a lawyer and pay them to send him a letter.
The thing about contracts is that in the end, they are only signatures on paper, the real power is hiring a lawyer to go after your money, except that lawyers charge a lot. A lot! In the future, before you cash a check I would go to his bank to cash the check, or you can verify funds. In the end a check, like a contract is just a prommissary note for payment.
Hope it helps.
- i tried to verify funds on a check and the bank wouldn't let me.Tara
- MSTRPLN0
So what has become of this? Any new developments?