Ive been build a 50' Ford convertable for a customer. He bounced the first paycheck I had commin to me in about 3 months... The check was for just over $4k. It went into my account, but then was pulled back out due to insufficent funds, leaving me with an overdraw on my checking account of over $2k... I spoke with him on Sunday the 24th, and he said the check would be in the mail on monday it it was due to mistake with his bank transfering funds from his savings to his check account. He lives by Ft. Worth, and Im by Dallas, so the check should have been here by last Thursday at the latest. He said he was going to be out of town until the 7th. On top of that, my bank is going to put an 11 day hold on the check once I do get it. Now its to the point where this is gonna end up on my almost nonexistent credit report. He has never had a problem with paying before, and always seemed reliable, but this has more than crossed the line. What are some of my options and rights? Thanks, Cory
Check with your local prosecutor or county attorney/DA etc...and see how you can file a mechanic's lien against it. Good luck.
Is the car inside? You can probably charge him at least $10 a day storage from the date of the last invoice. A check is a promisary note so you can take legal action, which all costs money and time. Small claims court is the least expensive if the amount isn't too high.
Are you friend with, or have any customers who are, lawyers? It might be worth giving them a discount or buying a round of drinks to have someone who is a lawyer simply call this guy and explain to him in nice, polite legal terms that if he doesn't get you the money, quickly, he will find his butt in a sling before he even knows he was kicked. I mean, if the guy has been a good customer, you may as well give him the benifit of the doubt - but at the same time he should know he's really screwing you over here and you have to look at taking legal action to protect yourself. Meanwhile, I agree with these guys - I would at least start the paperwork on a mechanic's lien so you have that to hold over his head. And don't leave the car anywhere it could mysteriously dissapear - blocked in the back of the shop is good. If the car's somewhere between start and finish, it may be hard to sell to someone else, so taking ownership now might shoot yourself in the foot unless you want to go on take it to some stage of completion before trying to sell it. But I would put any more work on hold while this is straightened out.
If he wants his car back he will cough up the green. I've been in a similar position and it worked out fine........over time. Good luck.
1-866-966-HELP Call Tom Martino he's the problem solver he'll seriously help. Tom has a radio station show that I check out once in a while. It's worth a try.
You could use conventional warfare..., but that'll take time and a lot of lives..., or you could just put a mechanics lien on the vehicle and sell it..., Like Dave said..., "Cover your ass"...!!! Good Luck...!
I would call that bank everyday till the check will post. If you find it will post, go there, even if a few hours away. I would gladly drive a few hours for 4k. Next time, make customers pay weekly, and this guy has to pay in advance if he wants you to do further work, and it must be in a money order. Also remember if you take a check for a bad check, alot of states will not let you prosecute. To
I'd be knocking on his door till he coughs up the green.DON'T take any more checks from this asshole,and ya might consider giving the car back,unfinished,once you FINALLY get the money that your owed.You don't need some prick who's willing to bounce a $4,000 check as a customer.Cut your losses.I'd also try and get compensation for any charges you incur because his sorry ass bounced a check and YOU get charged for your losses.
FIRST thing wrong is the fact he didnt even pay for three months! MAKE him pay every week then that won't happen. forget a mechanics lein....at least if its anything like our states laws concerning the process....its complicated and lengthy. I would take a 30 day note at your bank to cover your outgoing expenses,and notify the car owner by PHONE- that he must stop whatever he is doing or where he is going and PAY you in full including expenses. Let him know in no uncertain terms that you will get your money[tell him anything] to make him think you can sell his car..he wont know and you dont have to even try to get a lein.He'll probably come thru IF he is able to pay. THEN tell hime because of his performance that you require each week in advance before any more work is done. inside storage is allowed at 20 per day at least-CHARGE FOR THAT. If it interferes with work [you dont have room for] because of his car CHARGE him for that too.
Cory, You are in Texas brother! Can't you shoot people for just about anything there? That's what I love about that place! Seriously brother, Sounds like you are getting some good advice. I'm sorry to hear that is happening to you. A mechanics lein wouldn't be a bad idea on that 50 ragtop. That will motivate that guy for sure. Not a car you want to lose.
Listen to these guy's! Especially Choprods/Kenny. He does this for a living. I trust his judgement and advise. He's been there. Change the rule's for this guy. Good luck, Tommy Mc
[ QUOTE ] He has never had a problem with paying before, and always seemed reliable, but this has more than crossed the line. [/ QUOTE ] sometimes people fall om hard times. let him pay you off to catch up. i would cut him a break on storage costs especially if you've done work for him in the past. chances are he will keep coming back to you for more work. then tell him to pay you by money orders or transfer the money to your account. 3 months is along time to not get any money from him. is that the way you work or is that the deal you guys came up with? i always get a deposit up front then get another one half way thru then at the end. put a sign like my brother did at his place of business. right by the cash register where he has the credit cards symbols. he has sign that says we accept cash, credit but not rubber. (bouncing checks)
Slow down a minute guys. I work for one of the largest banks in the country, mistakes happen all the time but its nothing that cant be fixed. If in fact it was a bank error the manager should be more than happy to send a letter to your bank explaining the situation and what will be done to resolve it. As far as your credit report goes I would not be to concerned yet. It will be at least 90 days before the account is charged off and reported to Check Systems. I am assuming the check you deposited was a personal check not a Cashiers check. I am kinda wondering why your bank did not place a hold on the check till it clears. Typicly a hold will be placed on any sizable personal check especialy if its being deposited to an account that does not have the funds to cover it if its bad. Customers usualy are not very happy when a bank places a hold on a check but the process is there to protect you and the bank from this very thing. In the future I would request that he pay with an Official/Cashiers check. If he is on the up and up he should have no problem with that. Also as stated before more frequent checks for a lesser ammount may be a good idea as well. good luck
[ QUOTE ] Cashiers checks are a safe mode.... [/ QUOTE ] not always crooks will always find a way to screw you but the cashiers check does limit it.
Would you call an attorney to ask him where to find a decent model A frame? Probably not. Conversely, why would you come here for legal advice? Talk to an attorney.
I talked to her and her sister earlier. They both still think I'm way sexy and will continue to service my needs.
[ QUOTE ] I talked to her and her sister earlier. They both still think I'm way sexy and will continue to service my needs. [/ QUOTE ] lol... I got a second letter from my bank telling me that if its not taken care of that it will go on my credit report, and when I went in there a little over a week ago I think they said thay give you 30 days to clear your negative balance... The check did go on a 2 day hold(I gues cause the bank is "local" or maybe beacuse Ive cashed checks from him before, and then it went into my account and was pulled back out a day or 2 later... Why this happend I dont know. He has agreed to pay any fees incured beacuse of this... I also spoke to the guy on sunday and he said he had sent one last monday("maybe it got lost"), and he said this monday that he was sending another one fron Pheonix, AZ where he is for work... So I guess Ill see by the end of the week if hes full of it or if he comes through... I hope its the latter of the two... Oh, and the reason I came here is beacuse Im probably not the first person this has happend to... I have some freinds parrents who are lawyers, but dont usualy deal with this type of stuff(they work for big corprations and what not)... My girlfreind is also pre-law, and she said that if it does end up on my credit report, that I could sue for damages... But the bottom line is there are probably a few ways it could be delt with, some much less painful and less expensive than others... Im trying to figure out my options so I can make the best decision... But If I dont have money in my had by the middle of next week(so theres no way it could be due to some "mistake"), I will be taking legal action...
Dude I would tell him you are getting heat from your bank and ask him if the manager at his bank could write a letter stating what happened. My guess is he probably wrote the check in good faith but for some reason it bounced (his wife probably used the debit card and did not tell him. lol...) Now he is playing the time game waiting to get paid. Although your bank will never accept the guilt fo it I feel it is somewhat there fault for releasing the hold. Besides what good is a two day hold.
Don't wait for another check. Just put that one back through. if he didn't put a stop payment on it i he'll have to pay another overdraft charge. Keep doin' it until he coughs up the cash. In the meantime go down to the DMV and get the paperwork to put a mechanics lien against his ride. Do it. If he doesn't pay you in a reasonable amuont of time (like tomorrow) peddle his shit. Ya probably won't get what he owes you out of it, but at least he can't show up with a paper from the court somewhere and get his stuff from you and leave you holdin' the bag.
[ QUOTE ] Don't wait for another check. Just put that one back through. if he didn't put a stop payment on it i he'll have to pay another overdraft charge. Keep doin' it until he coughs up the cash. In the meantime go down to the DMV and get the paperwork to put a mechanics lien against his ride. Do it. If he doesn't pay you in a reasonable amuont of time (like tomorrow) peddle his shit. Ya probably won't get what he owes you out of it, but at least he can't show up with a paper from the court somewhere and get his stuff from you and leave you holdin' the bag. [/ QUOTE ] I will go get thoes papers to do that tommrow. But beacuse the check went into my account, then cam back out, they cant run it again, or so my bank says...
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