larryl
Senior Member
- Location
- wrentham ma.
Re: Unbelievable
WHATS UP????????????????????
WHATS UP????????????????????
Unbelievable
- Thread starter jeff43222
- Start date
- Status
jeff43222
Senior Member
- Location
- Minneapolis, Minnesota
Re: Unbelievable
The latest is that she called me last week and again tried to get me to approve her plan to pay me $350 on December 1st and the balance after her next closing in January (but only if that goes through). I thought about it and discussed it with my lawyer, and I decided to send her a letter (delivery confirmation) that said I was willing to extend my November 28th deadline for full payment to December 1st if that would help her from a tax standpoint, but that's as generous as I'm going to be. So if I'm not paid Thursday, I file the paperwork with the court on Friday morning. I may also file a complaint with the state authorities that license real estate agents. I heard through the grapevine that she's scared I might do that, as she's had complaints filed against her before, and getting her license pulled is not something she wants to happen.
When I talked to her last week, she actually had the audacity to tell me that "two months is not delinquent on an invoice." Huh? Try telling that to the people who hold the mortgage on your house. I think this explains why, despite being a Realtor, she had to get her father to buy her house in his name, since her credit won't qualify her for her own mortgage. She may think blowing off invoices and trashing her credit is a good idea, but I like my high credit score and plan to keep it.
She also reiterated that she has spread my name far and wide through her Realtor network, which should result in lots of referral work for me. What she doesn't seem to realize is that her referrals don't pay my bills (especially if they also think they don't have to pay me until they feel like it). I pointed out to her that I have yet to receive a single call from anyone who said they got my name from her. If this is how she treats other people, I'm guessing that people who know her might think anyone she recommends must be bad by association.
I did a job for another Realtor a couple months ago, and her referrals have yielded several calls that have turned into good jobs. When I finished the job (service upgrade), that Realtor whipped out her checkbook and paid me in full on the spot. She also spread my name around at work without me asking her to. She seemed quite happy with the work I did and wanted her colleagues to know about me.
My conclusion is that I don't need or want referrals from deadbeats.
The latest is that she called me last week and again tried to get me to approve her plan to pay me $350 on December 1st and the balance after her next closing in January (but only if that goes through). I thought about it and discussed it with my lawyer, and I decided to send her a letter (delivery confirmation) that said I was willing to extend my November 28th deadline for full payment to December 1st if that would help her from a tax standpoint, but that's as generous as I'm going to be. So if I'm not paid Thursday, I file the paperwork with the court on Friday morning. I may also file a complaint with the state authorities that license real estate agents. I heard through the grapevine that she's scared I might do that, as she's had complaints filed against her before, and getting her license pulled is not something she wants to happen.
When I talked to her last week, she actually had the audacity to tell me that "two months is not delinquent on an invoice." Huh? Try telling that to the people who hold the mortgage on your house. I think this explains why, despite being a Realtor, she had to get her father to buy her house in his name, since her credit won't qualify her for her own mortgage. She may think blowing off invoices and trashing her credit is a good idea, but I like my high credit score and plan to keep it.
She also reiterated that she has spread my name far and wide through her Realtor network, which should result in lots of referral work for me. What she doesn't seem to realize is that her referrals don't pay my bills (especially if they also think they don't have to pay me until they feel like it). I pointed out to her that I have yet to receive a single call from anyone who said they got my name from her. If this is how she treats other people, I'm guessing that people who know her might think anyone she recommends must be bad by association.
I did a job for another Realtor a couple months ago, and her referrals have yielded several calls that have turned into good jobs. When I finished the job (service upgrade), that Realtor whipped out her checkbook and paid me in full on the spot. She also spread my name around at work without me asking her to. She seemed quite happy with the work I did and wanted her colleagues to know about me.
My conclusion is that I don't need or want referrals from deadbeats.
boboelectric
Senior Member
- Location
- Eighty Four,Pa.15330
Re: Unbelievable
Usually,I get snookered out at least one job eating 600 $$$$ every year around this time of year. MERRY CHRISTMAS. Hello I.R.S.
Bob,84 PA.
Usually,I get snookered out at least one job eating 600 $$$$ every year around this time of year. MERRY CHRISTMAS. Hello I.R.S.
Bob,84 PA.
larryl
Senior Member
- Location
- wrentham ma.
Re: Unbelievable
sounds like your heading in the right direction,,"the court house"
keep us posted,,
after she gets the summonds to go to court,,she'll pay ya,
sounds like your heading in the right direction,,"the court house"
keep us posted,,
after she gets the summonds to go to court,,she'll pay ya,
davedottcom
Senior Member
Re: Unbelievable
I've only had to do this once but here in FL we have Lien laws that protect us contractors. I only had to send a "warning" letter saying if her bill was not paid within the week a lien would be placed on her home according to FL Statutes. I explained, at that point it would be out of my hands and what happens to her Credit and her home would be up to the State.
I continued to explain her home could also be sold at public auction for the amount of the bill and court costs.
I got a call the same day she got the letter, and a check for $1,100.00 in 2 days.
Paid In Full!
I've only had to do this once but here in FL we have Lien laws that protect us contractors. I only had to send a "warning" letter saying if her bill was not paid within the week a lien would be placed on her home according to FL Statutes. I explained, at that point it would be out of my hands and what happens to her Credit and her home would be up to the State.
I continued to explain her home could also be sold at public auction for the amount of the bill and court costs.
I got a call the same day she got the letter, and a check for $1,100.00 in 2 days.
Paid In Full!
jeff43222
Senior Member
- Location
- Minneapolis, Minnesota
Re: Unbelievable
Unfortunately, a lien is not an option in this case. The house in question is not her house; it's a house she sold as a Realtor. Her deal with the new homeowner was that she'd pay for the electrical work. So I wouldn't feel right putting a lien on the house since the homeowner isn't the one who isn't paying me.
More importantly, though, I didn't follow proper procedures regarding timely notification of intent to file a lien, so legally I don't have the right to file a lien in this case. I really didn't think I'd get stiffed by my friend's sister, so it didn't occur to me that I should go that route. I've never had to file a lien or sue anyone before, since everyone else has paid me.
Today is the deadline I set for me to receive the money, and since I haven't heard from her regarding arrangements to do this, I'm guessing she's hoping my threat of legal action is a bluff. I have the paperwork ready to go, and I have free time tomorrow morning so I can head downtown and file it. She's going to learn the hard way that I'm not bluffing.
Unfortunately, a lien is not an option in this case. The house in question is not her house; it's a house she sold as a Realtor. Her deal with the new homeowner was that she'd pay for the electrical work. So I wouldn't feel right putting a lien on the house since the homeowner isn't the one who isn't paying me.
More importantly, though, I didn't follow proper procedures regarding timely notification of intent to file a lien, so legally I don't have the right to file a lien in this case. I really didn't think I'd get stiffed by my friend's sister, so it didn't occur to me that I should go that route. I've never had to file a lien or sue anyone before, since everyone else has paid me.
Today is the deadline I set for me to receive the money, and since I haven't heard from her regarding arrangements to do this, I'm guessing she's hoping my threat of legal action is a bluff. I have the paperwork ready to go, and I have free time tomorrow morning so I can head downtown and file it. She's going to learn the hard way that I'm not bluffing.
larryl
Senior Member
- Location
- wrentham ma.
Re: Unbelievable
its friday,,
its friday,,
jeff43222
Senior Member
- Location
- Minneapolis, Minnesota
Re: Unbelievable
As I expected, I have received no payment or even a phone call to make arrangments for payment (she allegedly had a closing yesterday). I just filed the lawsuit, and I got a January court date. Now I can add "plaintiff" to my resume.
According to the guy I talked to at the court, he said a summons is sent by first-class mail, and unless it is returned by the post office, the court assumes the recipient received it. It wouldn't surprise me if she doesn't show up to court and claims that the summons must have gotten lost in the mail. That's the kind of stunt she would pull. Since the summons isn't served, she could lie and argue that it's not her fault that the post office lost it.
My lawyer has advised me to also file a complaint with the state agency that licenses real estate agents. I think I may do that, too.
As I expected, I have received no payment or even a phone call to make arrangments for payment (she allegedly had a closing yesterday). I just filed the lawsuit, and I got a January court date. Now I can add "plaintiff" to my resume.
According to the guy I talked to at the court, he said a summons is sent by first-class mail, and unless it is returned by the post office, the court assumes the recipient received it. It wouldn't surprise me if she doesn't show up to court and claims that the summons must have gotten lost in the mail. That's the kind of stunt she would pull. Since the summons isn't served, she could lie and argue that it's not her fault that the post office lost it.
My lawyer has advised me to also file a complaint with the state agency that licenses real estate agents. I think I may do that, too.
macmikeman
Senior Member
- Location
- Planet macmikeman
Re: Unbelievable
Jeff, for your sake, I hope she isn't one of those visitors of this site who just stumble in here.
Jeff, for your sake, I hope she isn't one of those visitors of this site who just stumble in here.
jeff43222
Senior Member
- Location
- Minneapolis, Minnesota
Re: Unbelievable
I'd be way beyond surprised if she even knew about this site. I can't think of any reason she'd visit it. Even if she did, I haven't posted anything that wasn't true, nor have I posted any identifying information. I also haven't divulged any secrets, except the part about her "discount" was 0%.
I'd be way beyond surprised if she even knew about this site. I can't think of any reason she'd visit it. Even if she did, I haven't posted anything that wasn't true, nor have I posted any identifying information. I also haven't divulged any secrets, except the part about her "discount" was 0%.
- Location
- Lockport, IL
- Occupation
- Semi-Retired Electrical Engineer
Re: Unbelievable
Perhaps if I am right about those two things, and if she were to be informed about those two things, she would be more inclined to settle out of court (i.e., pay you the full amount due).
Don't take this as legal advice or even as factual legal information, but only as the remnants of a dusty memory. But I think if she does that, two things will happen. The first is that you will automatically win the case (by default). The second is that for a long time thereafter her credit history will show that a judgment had been issued against her.
Perhaps if I am right about those two things, and if she were to be informed about those two things, she would be more inclined to settle out of court (i.e., pay you the full amount due).
jeff43222
Senior Member
- Location
- Minneapolis, Minnesota
Re: Unbelievable
According to the court instructions, if the defendant doesn't show up, the plaintiff wins by default. However, I'm sure there have been plenty of cases where the defendant didn't show up because they were hit by a bus, were in jail, never received the summons, etc. I think at that point the defendant would appeal, thus dragging things out further. I know I'd be pretty upset if someone sued me and won if I didn't even know I was supposed to be in court.
As for her credit being tarnished by these proceedings, I'm sure that's the least of her worries. I've been told that her credit is already in bad shape (e.g., her house is in her father's name for that reason). I've also been told that what she fears most is a complaint to the licensing authorities, so I may pursue that option.
My lawyer has advised me that since neither one of us has official legal representation in this case, I can contact her directly to make sure she knows about the court date. I'll send her e-mail, leave voicemail, and leave a message at her office. I think she'd have a hard time lying about not knowing if I went out of my way to make sure she is aware of the court date.
Every time I've tried to get payment she has either blown me off or given me very lame excuses, so I don't see how I have much choice but to pull out all the stops and pursue all legal remedies.
According to the court instructions, if the defendant doesn't show up, the plaintiff wins by default. However, I'm sure there have been plenty of cases where the defendant didn't show up because they were hit by a bus, were in jail, never received the summons, etc. I think at that point the defendant would appeal, thus dragging things out further. I know I'd be pretty upset if someone sued me and won if I didn't even know I was supposed to be in court.
As for her credit being tarnished by these proceedings, I'm sure that's the least of her worries. I've been told that her credit is already in bad shape (e.g., her house is in her father's name for that reason). I've also been told that what she fears most is a complaint to the licensing authorities, so I may pursue that option.
My lawyer has advised me that since neither one of us has official legal representation in this case, I can contact her directly to make sure she knows about the court date. I'll send her e-mail, leave voicemail, and leave a message at her office. I think she'd have a hard time lying about not knowing if I went out of my way to make sure she is aware of the court date.
Every time I've tried to get payment she has either blown me off or given me very lame excuses, so I don't see how I have much choice but to pull out all the stops and pursue all legal remedies.
Re: Unbelievable
Small claims is generally handled by the county. In my area, once the filing takes place (fees paid), a court date is assigned. The summons and complaint are given to a "server." A person who serves the summons in person. In the event that the summons cannot be served, a legal notice is placed in the newspaper. Now all this things cost money which just adds to the bill for the non-payer. If the person does not show up at court, you win by default and are granted the judgement. It becomes final in 10 days. At that time the person is to also have filled out and submitted to you a financial statement so you can garnishee wages, or set up a payment plan or other course of action. Next step is to pay a docking fee which allows the courts to notify the credit bureau, etc. If the plaintiff does not pay (remember, you only have a judgement that says she legal owes you the money). In the event the person doesnot fill out the financial information, you can bring them back into court (more $$) for contempt of court. Agin if the person doesnot show up, the judge will issue a bench warrant. Basically if she gets stopped for speeding, the law can drag her to the hoosegaw. If she fills out the financial info in jail, she is let out and you have the financial info. Now she has a couple choices. 1. She can pay, 2. let it ride for 19 yrs, and finally file bankruptcy and then she's out of the deal and you are out of the money. Oh yeah, don't forget, you can also collect interest on the monies owed you. Up until the judgement it is your published amount after that it is 12% (by law in my area).
I did some repairs for a guy who was selling his house--$600. He never paid. We went through the process above. He moved out of state. My wife tracked him to Texas, where she contacted the sheriff who served him with contempt of court papers. He blew it all off until a couple months ago. He called wanting to pay his bill because he was refinancing his house. With interest and fees I recieved about $1400.
Hang in there. I would also file a complaint with the state on her realtors license. I would tell her and send a copy of the complaint to her, wait 3 days and then mail it to the state. I bet she'll find the money if she values her license. Good luck.
Small claims is generally handled by the county. In my area, once the filing takes place (fees paid), a court date is assigned. The summons and complaint are given to a "server." A person who serves the summons in person. In the event that the summons cannot be served, a legal notice is placed in the newspaper. Now all this things cost money which just adds to the bill for the non-payer. If the person does not show up at court, you win by default and are granted the judgement. It becomes final in 10 days. At that time the person is to also have filled out and submitted to you a financial statement so you can garnishee wages, or set up a payment plan or other course of action. Next step is to pay a docking fee which allows the courts to notify the credit bureau, etc. If the plaintiff does not pay (remember, you only have a judgement that says she legal owes you the money). In the event the person doesnot fill out the financial information, you can bring them back into court (more $$) for contempt of court. Agin if the person doesnot show up, the judge will issue a bench warrant. Basically if she gets stopped for speeding, the law can drag her to the hoosegaw. If she fills out the financial info in jail, she is let out and you have the financial info. Now she has a couple choices. 1. She can pay, 2. let it ride for 19 yrs, and finally file bankruptcy and then she's out of the deal and you are out of the money. Oh yeah, don't forget, you can also collect interest on the monies owed you. Up until the judgement it is your published amount after that it is 12% (by law in my area).
I did some repairs for a guy who was selling his house--$600. He never paid. We went through the process above. He moved out of state. My wife tracked him to Texas, where she contacted the sheriff who served him with contempt of court papers. He blew it all off until a couple months ago. He called wanting to pay his bill because he was refinancing his house. With interest and fees I recieved about $1400.
Hang in there. I would also file a complaint with the state on her realtors license. I would tell her and send a copy of the complaint to her, wait 3 days and then mail it to the state. I bet she'll find the money if she values her license. Good luck.
davedottcom
Senior Member
Re: Unbelievable
Dave
You should have kept that check for at least another 6 months before cashing it (Or what ever the Max time limit is!) just to screw him up at the bank!
Dave
Re: Unbelievable
The guy paid by credit card. I added in the 3% transacation fee!Originally posted by davedottcom:
You should have kept that check for at least another 6 months before cashing it (Or what ever the Max time limit is!) just to screw him up at the bank!
Dave
larryl
Senior Member
- Location
- wrentham ma.
Re: Unbelievable
good morning'
hey jeff,,good for you!!"proud of ya"
how bout you sending her a registered letter with the court date,,
just a thought,,
i bet she pays you,before the court date,,,
good morning'
hey jeff,,good for you!!"proud of ya"
how bout you sending her a registered letter with the court date,,
just a thought,,
i bet she pays you,before the court date,,,
jeff43222
Senior Member
- Location
- Minneapolis, Minnesota
Re: Unbelievable
I sent her a letter demanding payment on November 12th, and I used the post office's Signature Confirmation service so there would be proof she received it. I just checked the post office's Web site, and according to their records, they attempted to deliver it on November 14th. It's still sitting at their facility waiting for someone to pick it up. When she called me after talking to her brother and finding out I'm serious about demanding payment, she gave me some excuse about how she blew off the Signature Confirmation letter because she thought it was from her ex regarding child support issues.
I suspect that if I try to contact her via the post office, she will make sure there is no proof of she received anything I sent her, and she will claim (lie) that she never received anything from me. After she blew off the Signature Confirmation letter, I sent two additional letters via the post office's Delivery Confirmation service. That doesn't require anyone to sign for anything on the receiving end, but I'm sure she'd have no problem claiming (lying) that she never received them. That would probably be grounds for her to appeal the default judgement, which would then require scheduling an additional court date, which would probably be a couple of months later. My hunch is that she thinks that she can wear me down by dragging things out and that I'll eventually give up. She's going to find out the hard way that I am only going to stop pursuing this case if she pays me or I exhaust all legal means at my disposal.
My thinking at this point is that I should arrange for the sheriff to serve her with the summons (the guy at the court said it's an option for me). My lawyer says that after three attempts, they will nail the summons to her door, and that's considered "served", even if the defendant never actually receives the summons. This thing has dragged on long enough, and I want to make sure that when the case is heard on the original court date, the defendant won't be able to weasel out of it by claiming she never received the summons. Having the sheriff serve the papers costs money, but I can add that to the amount she owes me, just like I did for the court filing fee.
I sent her a letter demanding payment on November 12th, and I used the post office's Signature Confirmation service so there would be proof she received it. I just checked the post office's Web site, and according to their records, they attempted to deliver it on November 14th. It's still sitting at their facility waiting for someone to pick it up. When she called me after talking to her brother and finding out I'm serious about demanding payment, she gave me some excuse about how she blew off the Signature Confirmation letter because she thought it was from her ex regarding child support issues.
I suspect that if I try to contact her via the post office, she will make sure there is no proof of she received anything I sent her, and she will claim (lie) that she never received anything from me. After she blew off the Signature Confirmation letter, I sent two additional letters via the post office's Delivery Confirmation service. That doesn't require anyone to sign for anything on the receiving end, but I'm sure she'd have no problem claiming (lying) that she never received them. That would probably be grounds for her to appeal the default judgement, which would then require scheduling an additional court date, which would probably be a couple of months later. My hunch is that she thinks that she can wear me down by dragging things out and that I'll eventually give up. She's going to find out the hard way that I am only going to stop pursuing this case if she pays me or I exhaust all legal means at my disposal.
My thinking at this point is that I should arrange for the sheriff to serve her with the summons (the guy at the court said it's an option for me). My lawyer says that after three attempts, they will nail the summons to her door, and that's considered "served", even if the defendant never actually receives the summons. This thing has dragged on long enough, and I want to make sure that when the case is heard on the original court date, the defendant won't be able to weasel out of it by claiming she never received the summons. Having the sheriff serve the papers costs money, but I can add that to the amount she owes me, just like I did for the court filing fee.
larryl
Senior Member
- Location
- wrentham ma.
Re: Unbelievable
yep,,,"YOUR THE MAN"i would deffenitly have the sherrif deliver the summonds,,like you said she's gotta pay for it anyway,this may teach her to pay her bills on time,,
can you imagine being taken to court for not paying a bill,,how do some people sleep at nite?
keep us posted,have a safe day,,
yep,,,"YOUR THE MAN"i would deffenitly have the sherrif deliver the summonds,,like you said she's gotta pay for it anyway,this may teach her to pay her bills on time,,
can you imagine being taken to court for not paying a bill,,how do some people sleep at nite?
keep us posted,have a safe day,,
garydarling
Member
Re: Unbelievable
I never charge family or friends for any help I can give them; when you do, it tends to come with a lifetime guarantee. One friend I have helped repeatedly finds ways to sneak cash or gifts to me because I politely tell him I can't charge him. He has probably 'gifted me' more than I would have charged a stranger for similar work. It's kind of a Pay it Forward philosophy; perhaps someday I'll need them.
It helps to remind them that you are swamped; some people realize this raises the price.
I never charge family or friends for any help I can give them; when you do, it tends to come with a lifetime guarantee. One friend I have helped repeatedly finds ways to sneak cash or gifts to me because I politely tell him I can't charge him. He has probably 'gifted me' more than I would have charged a stranger for similar work. It's kind of a Pay it Forward philosophy; perhaps someday I'll need them.
It helps to remind them that you are swamped; some people realize this raises the price.
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