Getting Paid (Small)

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electrofelon

electrofelon

Senior Member
Location
Cherry Valley NY, Seattle, WA
kwired said:
Not saying you are wrong, but your mortgage company or any other loans that you use your property for collateral essentially put a lien on your property and you can't transfer said property until they release that lien. Maybe there is different lien categories? Might vary from place to place as well?

They do this sort of thing with vehicles and other registered non real estate property as well, but I suppose there can be differences in how it works with certain things

Add: I guess one thing that is different is with most the situations I mentioned the owner agreed to said lien in documents they signed when they placed the property as collateral for whatever reason, where the situation in OP and what some have commented on is other way around, customer took advantage of someone's services to the property yet did not pay for that service. Had you made them sign some contract documents and included lien paperwork in those documents before proceeding with the project - that may be similar situation to what the lenders do and has no definite expiration on the lien? But the lien should be released by the contractor when the rest of contract is fulfilled as well.
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I believe a mechanics lien is different. You can probably pull up the terms of a mechanics lien for your state up on Google. But I don't think any are over a year before they expire. A lien is filed with the county so it's certainly there forever as a "blemish" on the property records, but is not enforceable after it expires.
 
readydave8

readydave8

re member
Location
Clarkesville, Georgia
Occupation
electrician
If the bank foreclosed on property I have mechanics lien on

My lien goes away

In Georgia

Also owner can sell property that's liened if he "bonds around it"

Lien good tool but not magic
 
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AC\DC

Senior Member
Location
Florence,Oregon,Lane
Occupation
EC
Any one ever rip what you installed back out? Never happed but if I am at someone house and when I finish they refuse to pay, always thought I would take my product back.
I
 
James L

James L

Senior Member
Location
Kansas Cty, Mo, USA
Occupation
Electrician
The prospect of losing money can make people do all sorts if crazy (and illegal or dangerous) things. I don't have a whole lot of experience with it. Been beat a few times, and I just have to walk away.

I had one incident 18 years ago the essentially put me out of business doing remodeling. I had a contract to be prepaid in 5 draws. When the time came for the 3rd draw, the people were already running out of cash.

I decided to be a nice guy and work with their lender to keep going on the job and wait for payment until the house was far enough along to get a new appraisal and refinance.

That slowed down the progress on their house because I had to go make the money elsewhere and then come spend it on their house.

They waited until I was about 90% done with the job, then sent me a certified letter saying I was fired. They refused to pay me any of the money they owed, and they locked up all my tools and wouldn't let me in to get them.

I was completely beside myself.

I tried everything I could think of the get tgem to pay me something. And at least let me have my tools back so I could go work somewhere else. Nada.

After about 2 weeks, I was literally in tears.
I was completely hopeless. And to be honest, it had me on the verge of crazy.

I had 2 thoughts that really changed everything.

The first one: I wonder how long they would miss their toddler before they come up with my tools and some cash?

Second thought: I have to walk away. I can't let money get me so out of sorts that I would contemplate something so heinous.

So I walked away. It was one of the worst times in my life. But y'know what? I got through it. And it made me different.

How do I handle someone who doesn't pay a couple hundred dollars? It's happened a few times. I thank the good Lord that I can afford to walk away, and I do just that.
 
tshea

tshea

Senior Member
Location
Wisconsin
Here's the conversation.
Hello Mr. Customer. I understand you don't want to pay your bill for the work we did. I'm going to destroy your credit report by turning this invoice over to a Collection Agency. They will pursue you until you pay the bill. In the mean time, your credit rating will drop. That means, the next time you go and get a loan, the interest rate will be higher. Your insurance rates will also go up on your car and house. You will have difficulty getting a credit card. Plus, your $165 invoice will go up since we charge 1.5%/month service charge for unpaid bills.
I'll take your credit card number now. If you still don't want to pay, I'm turning your paperwork over to the Collection Agency tomorrow morning.
 
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AC\DC

Senior Member
Location
Florence,Oregon,Lane
Occupation
EC
that would work probably. Though you really don’t need credit. The whole credit idea is a scam.
You can get loans for houses just based on you profit and lose sheet.
Don’t use credit!!!!!
Go Dave Ramsey!!!!!
 
gadfly56

gadfly56

Senior Member
Location
New Jersey
Occupation
Professional Engineer, Fire & Life Safety
AC\DC said:
Could you not garnish their wages?
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That first requires you get the judgement, and if they refuse to pay, you execute the judgement. Usually that means you hand it over to the sheriff, and he/she goes to the home and starts carting out stuff that will go to auction in sufficient quantity to satisfy the judgement and the sheriff's fees. I doubt the court would approve garnishment for so small an amount.
 
gadfly56

gadfly56

Senior Member
Location
New Jersey
Occupation
Professional Engineer, Fire & Life Safety
electrofelon said:
I believe a mechanics lien is different. You can probably pull up the terms of a mechanics lien for your state up on Google. But I don't think any are over a year before they expire. A lien is filed with the county so it's certainly there forever as a "blemish" on the property records, but is not enforceable after it expires.
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Do be careful; in NJ you are required to file a notice of intent to lien if it's a residential property. Failure to file the notice will debar your claim and the opposing party can come after you for damages.
 
readydave8

readydave8

re member
Location
Clarkesville, Georgia
Occupation
electrician
gadfly56 said:
That first requires you get the judgement, and if they refuse to pay, you execute the judgement. Usually that means you hand it over to the sheriff, and he/she goes to the home and starts carting out stuff that will go to auction in sufficient quantity to satisfy the judgement and the sheriff's fees. I doubt the court would approve garnishment for so small an amount.
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Sheriff in Georgia will not carry out stuff, they will let you pay to stay for an hour while you carry it out, and can't always say ahead of time when that hour will be
 
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Davebones

Senior Member
Location
North Of Tampa Fl
mtnelect said:
After sending the invoice, QuickBooks verified that she received it. Her husband now states we were never there ! Found out later he was a real-estate attorney with a major firm.
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Real-estate attorney . Sure he had the money . I know it's not always true but when I was younger and did small job's most of the people that you could tell didn't have much would make sure I got paid . Would see some of the wealthier ones try to skip out on paying me everything they owed ..
 
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norcal

Senior Member
readydave8 said:
Sheriff in Georgia will not carry out stuff, they will let you pay to stay for an hour while you carry it out, and can't always say ahead of time when that hour will be
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I would not want to try that in CA, the poor abused tenant would win against a greedy heartless landlord.
 
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