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Thread: Liens and legal issues

  1. #21
    Join Date
    Feb 2003
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    New Jersey
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    Quote Originally Posted by Fulthrotl View Post
    now, in the case of the OP, the bond is probably only $3k.

    claim it. it's $3k, and doesn't need any attorney costs.
    it also hangs the asss hats license.

    he will contact you and offer to pay to release the claim.
    he has to pay you all of the money, not just $3k. if he
    defaults, you get the $3k from his bonding company,
    and if that happens, he has to repay the bonding company,
    who will most likely dump him.

    do it tomorrow morning. i have had to do it once. i filed,
    and the next morning, the notice of claim went out.
    half an hour later, the guy called to pay up.
    wanted to know when the claim would be released.

    i said after the check cleared. i got all of it but $500,
    and it wasn't worth bothering about. i called the bonding
    rep, told him, and said let's park this. done deal. took two
    days.

    he has a new bonding company now. they dropped him.
    Not sure what you mean by a bond. I don't even know if he had to put up a performance bond to do this work.

  2. #22
    Join Date
    Jun 2004
    Location
    Cherry Valley NY, Seattle, WA
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    Quote Originally Posted by Fulthrotl View Post
    now, in the case of the OP, the bond is probably only $3k.
    Good point. Going after a bond is another way. However not sure what the bond requirements are in goldstar land. If there is a bond, it also depends on how it works there. I know in WA state, a license standing isnt tied to a bond claim. If that is the case like it appears to be where you are, then I could see that being very effective.
    Ethan Brush - East West Electric. NY, WA. MA

    "You can't generalize"

  3. #23
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    Cherry Valley NY, Seattle, WA
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    Quote Originally Posted by goldstar View Post
    In this particular case there was no "official" written contract. However, all the work was broken down into several different jobs, backed up by individual invoices (16 totaling $23,500.00) along with a periodic journal indicating what work I did and when I did it. The invoices and journal combined make up what would be considered an "implied" contract. If I had to go before a judge I can't imagine him not seeing it my way. The only thing the GC could say is that he didn't authorize me to do the work. But that won't hold water because he gave me a check for the balance of $15500.00 which ended up bouncing.
    I also had no contract, but I do have all the text messages and emails which lay it all out.

    I am only out $3800 for mine. For me its really more a matter of principle.
    Ethan Brush - East West Electric. NY, WA. MA

    "You can't generalize"

  4. #24
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    Quote Originally Posted by electrofelon View Post
    I also had no contract, but I do have all the text messages and emails which lay it all out.

    I am only out $3800 for mine. For me its really more a matter of principle.
    is there anyway to save your text messages or email them to your email account so that you have a written record?

  5. #25
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    Jun 2004
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    Cherry Valley NY, Seattle, WA
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    Quote Originally Posted by goldstar View Post
    is there anyway to save your text messages or email them to your email account so that you have a written record?
    Yeah there's an app for that. I dont remember what the name of it was but it downloaded and saved t hem to PDF. Google "download texts app" or "text to pdf app" or something and I'm sure you will pull it up or something similar.
    Ethan Brush - East West Electric. NY, WA. MA

    "You can't generalize"

  6. #26
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    Quote Originally Posted by electrofelon View Post
    Yeah there's an app for that. I dont remember what the name of it was but it downloaded and saved t hem to PDF. Google "download texts app" or "text to pdf app" or something and I'm sure you will pull it up or something similar.
    Thanks

  7. #27
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    Apr 2005
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    Quote Originally Posted by goldstar View Post
    On January 11th the GC issued me a check for $15.5K for the balance with the understanding that I would hold the check until the following week when he got paid from the garage owners. Well, next week - led to next week - led to next week until finally it was almost 3 months. I consulted my attorney who advised me to deposit the check.

    Within 2 days the check came back NSF. At that point I brought all my documentation to my attorney. He then advised me that bouncing a check for that amount is fraud and we should go after the GC on criminal charges. A day later he came back to me and advised me that he was not able to file criminal charges because that had to be done within 45 days of the date the check was issued.
    I can't help wondering if this guy knew exactly what he was doing or was he a dumb jerk that just got lucky.

    There is a lot of information available about people/companies. Just a google search of a company/person name will often turn up complaints about them. See if their corporation has been in business for years or if they change names more often than their socks. You may have to pay few bucks but you can do a background check on the person you are having trouble collecting from.

    I'm surprised a lawyer wouldn't know the deadline to file criminal charges.

    Who knows this guy may not even be the crook it may be the tire company that didn't pay him and he really can't cover the check. If so you are trying to rattle the wrong cage.

    I do wish you a lot of luck in collecting.
    The 95% of people that you can't trust give the other 5% a bad name.

  8. #28
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    New Jersey
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    Thanks

  9. #29
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    Dec 2007
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    NE Nebraska
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    Quote Originally Posted by goldstar View Post
    On January 11th the GC issued me a check for $15.5K for the balance with the understanding that I would hold the check until the following week when he got paid from the garage owners. Well, next week - led to next week - led to next week until finally it was almost 3 months. I consulted my attorney who advised me to deposit the check.
    Holding the check until the following week per the GC's request I can understand somewhat. Why was it processed 3 months later and not the next week is what is confusing me. Or did they keep asking you to hold on to it for a little longer?
    I live for today, I'm just a day behind.

  10. #30
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    Apr 2009
    Location
    Williamsburg, VA
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    If you have proof that he has continued to promise to pay you such as emails texts or messages, you may be able to get charges filed on him for continuing to defraud or something along those lines.

    Early on I had several incidents with owners that refused to pay for change orders. I was young and naive and did a lot of that on a handshake and a word. After I didn't get paid the second time, I made sure that all change orders were paid 100% upfront or they did not get done. Also the next phase for job was never started until the previous phase was paid for in full. I've seen a few sizable ECs go bankrupt due to one commercial job going bust. as a sole proprietor or one-man shop, you can't afford to take 5 digit losses.
    Electricians do it until it Hertz!

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