Need some advice please.

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zappy

zappy

Senior Member
Location
CA.
I was hired by a neighbor to install a couple of ceiling fans in his church. He said he's a pastor there. So he signs the proposal that says on it " the party who signs this takes full responsibility for payment" So after I finished the job he asks if he could pay me in a week. I said ok. So I go to his house to collect, and he says he'll pay me the friday coming up. So I didn't get paid that day either. So I found out who owns the church. But i'm thinking the pastor who signed it is the one I should go after for the money. Also I found this website, www.commercialinvestigations.net there a collections agency.

So my questions are: 1. Should I go after the pastor or the owner of the church?

2.Should I go through a collections agency, or small claims court?

3.Should I start asking for a % up front before I start?

Thank you for your help.
 
Rewire

Rewire

Senior Member
Location
Lake of the Ozarks
Most of these so called collection agencies are a scam and a waste of money,you can file a lien notice but you need to know the laws of your state so an atty. may be needed but they want money.

I would go back to the pastor and ask he pay you by friday and if not then show uyp at his church and demand payment the bottom line is you left the door open when you did not get money up front and then let him slide a week on payment.

You can go to court get a judgement but still not get paid,some people just insist on doing it the hard way
 
ultramegabob

ultramegabob

Senior Member
Location
Indiana
If they continue to give you the run around, go in some Sunday and after they pass around the plate for tithe, walk up and present the bill to the Church Elders and talk loud enough that the congregation can hear what it is about...:grin:
 
growler

growler

Senior Member
Location
Atlanta,GA
Rewire said:
the bottom line is you left the door open when you did not get money up front and then let him slide a week on payment.
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This is a common mistake made. When you extend credit to someone for any reason it's very hard to collect. Even letting someone give you a post dated check is considered an extension of credit. There are people out there that are masters at not paying bills and they know all the tricks.

I had a customer just the other day that tried that old trick. It was an automotive garage,operating as a corporation, a start up business, big red flag. I asked righ off if they had the money to pay then and there, they did not so back to the truck I go. I lost a customer but did not end up working for free. The people that call you out and don't have the money to pay are not the customers you want anyway.
 
zappy

zappy

Senior Member
Location
CA.
Rewire said:
Most of these so called collection agencies are a scam and a waste of money,you can file a lien notice but you need to know the laws of your state so an atty. may be needed but they want money.

I would go back to the pastor and ask he pay you by friday and if not then show uyp at his church and demand payment the bottom line is you left the door open when you did not get money up front and then let him slide a week on payment.

You can go to court get a judgement but still not get paid,some people just insist on doing it the hard way
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So your saying I should have got the whole amount up front? Instead of letting him slide, I said no I need the money today, and he still said "oh I can't pay you till next week" then what do you do?
 
O

Ohmy

Senior Member
Location
Atlanta, GA
It depends on how the guy signed. Did he sign it personally or for the church? If he signed it as an agent of the church, then you may need to go to the church. If he signed it as "Joe Smith" you can go after him because he promised to pay you personally and the church because they benefited from your labor (Quasi Contractual grounds).

I would give him thirty days from the date of the invoice before going to small claims court. I would also contact the church office (if there is any) and any members (if you can) and let them know about your problem.

BTW, while I love Jesus, but I have never dealt with a more slimy customer than Pastors (or people that tell me about their faith during business encounters).
 
ceb58

ceb58

Senior Member
Location
Raeford, NC
Ohmy said:
BTW, while I love Jesus, but I have never dealt with a more slimy customer than Pastors (or people that tell me about their faith during business encounters).
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That says it all. One would like to think that when dealing with a church every thing will be smooth sailing. NOT.
 
O

Ohmy

Senior Member
Location
Atlanta, GA
zappy said:
So your saying I should have got the whole amount up front? Instead of letting him slide, I said no I need the money today, and he still said "oh I can't pay you till next week" then what do you do?
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Some people do. At least get people to promise to pay immediately after completing your work (Pay on Completion). The longer you go (measured in hours) after completing the work without getting paid, the more difficult it becomes to get paid. Whats the saying "give them a inch, they will take a mile, give them nothing and and they can take nothing." Our rule is never leave without payment and never ever let the customer leave without paying.

Of course, this will help keep an honest customer honest. There is another book on keeping dishonest customers honest.
 
C

charlietuna

Senior Member
Thats what small claims courts are for! Take him to court with your signed proposal and let the judge get the money from him of his elders.
 
A

AV ELECTRIC

Senior Member
Hes a pastor of a church ime sure he will pay you . give him a call next week. Ive gone alot longer than you not getting paid. Call everyweek and let him know that this payment is important you have to pay bills. Ask him is there any probems with getting paid. Your probably 4th in line for recieving your check and some of those other jobs went over budget so there probably short on cash.
 
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charlietuna

Senior Member
Probably standard procedure for this pastor, and many contractors don't persue it since it's a church. Do it the legal way. A signed proposal is a strong document and if it comes down to a judgement--consider what you might salvage from the church to pay for your labor--the fans-the pews-paintings--get enough to cover the cost reselling it. I had a owner tell the judge he was dead broke -- but i knew he had left behind a nice power conditioner and six brand new computers, the judge awarded them to me as his payment of $2,400.. I sold the power conditioner for $4200.00 and gave my employees the computers.. He'll start getting the money together when he is served papers to appear in court. Make sure you add the court costs to your total amount owed..
 
2

220/221

Senior Member
Location
AZ
Go there Sunday morning and empty out the collectiion basket.


Seriously, hit him up Sunday afternoon or Monday morning while he stilll has some cash.
 
K

KevinVost

Senior Member
Location
Las Vegas
ultramegabob said:
you dont work for many churches do you? just because he is a pastor doesnt make him honest or reasonable, pastors are people just like everyone else, and they have faults like everyone else....
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With that being said, our AHJ recently investigated a church that built an entire addition and parking lot with no permits. Turns out the pastor worked for a construction company and did everything with "friends" of the church. Here's the kicker........he was turned in by the pastor of another church who happened to drive by and see all the work going on. I guess the Lord gives....................... and the AHJ takes it away! (Sorry, I couldn't resist)
 
O

ohm

Senior Member
Location
Birmingham, AL
Getting in a fight with a church is a loosing proposition. If they have 300 members you will be dragged through the mud by them and all their relatives.

I would contact a trustee or a deacon and try to come to some kind of agreement. You may even have to have them sign a receipt saying you donated the money and take it off your taxes.

No one said education was cheap, you're a little smarter now.
 
I

ike5547

Senior Member
Location
Chico, CA
Occupation
Electrician
I would probably just give him some more time. And I would use the telephone instead of driving to his house.

If you're in need of the money I would inform (sob story) him of it. You'll most likely get paid eventually.
 
O

Ohmy

Senior Member
Location
Atlanta, GA
ike5547 said:
I would probably just give him some more time. And I would use the telephone instead of driving to his house.

If you're in need of the money I would inform (sob story) him of it. You'll most likely get paid eventually.
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The guy lives next door...I would go over there everyday. When someone says "next Friday" and when you show up to get the money and they don't have it, they are a deadbeat. At least have the honesty and courtesy to call and say "hey, won't have the money this Friday." I like the previous post on going there Monday morning.

But seriously, I would find out about the church. Does it have a secretary, elders/deacons, board of directors. I am pretty sure the pastor of my church cannot write checks (which is pretty smart IMO). If its a normal church organization, thirty days is not out of the ordinary. Especially, if you are a new vendor that needs to be set-up into the system.
 
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