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Legal help?

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Old 03-16-2009, 06:32 AM
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Default Legal help?

I have an account that has invoices dated back to 08 somewhere. With the bs excusses flying I have to make a move and collect. All jobs are complete to satifaction and still no payment.

What are my legal options?

Billy
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Old 03-16-2009, 07:08 AM
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Collection laws vary from state to state. Contact your local Judge/Justice of the Peace, and ask what your options are. Don't wait, do it ASAP!!!

Good Luck

John
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Old 03-16-2009, 01:42 PM
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Maybe a mechanics lien???
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Old 03-16-2009, 03:28 PM
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use a local collection company asap
then make sure you follow up.

good luck
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Old 03-16-2009, 09:53 PM
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Quote:
Originally Posted by Bottoms Up View Post
I have an account that has invoices dated back to 08 somewhere. With the bs excusses flying I have to make a move and collect. All jobs are complete to satifaction and still no payment.

What are my legal options?

Billy
Before going to a collection agency, I'd attempt to contact them and tell them that you plan to write it off your books, turn it over to a collection agency, file liens on the properties (they probably will not be good, but it will get the owners stirred up pretty good) AND file a 1099 with the IRS (treat it as income). Let them know that even though you have written it off your books you will continue attempt to collect it in any way possible. I deal with the same schmucks, and many times this should shake some $$$ loose. I would also take just about anything of value on trade. I have taken guns, motorcycles, jewelry, property, etc. If they say they will pay you after they sell an asset, just tell them you will take the asset.
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Old 03-17-2009, 12:16 AM
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If you're done trying to resolve the matter on your own, I would skip collections and have an in-state attorney (same state as the business you're trying to collect from) file a lawsuit seeking all monies per the contract(s) due plus attorney's fees.
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Old 03-17-2009, 06:40 AM
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Lien asap then make a lawyers boat bigger....
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Old 03-17-2009, 11:06 AM
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I can tell you, that in most cases people feel uncomfortable about collecting monies owed to them selves. I have been in the collection side of the world for 25+ years and I too feel uncomfortable about collecting monies owed to me. (it is always easier when it is bottom line someone elses situation, because it is not personal, but getting over this being uncomfortable will get you way ahead.

This being said, my suggestion for the situation is: before any other actions are taken ie: lawyer,collection agency etc. Make a personal appearance with the individual. NON confrontational, fact finding mission. Do not do this on the phone, but in person. You can read their body language, see what is going on around you (what they have, and what could be attachable in the future should the need arrise. And TALK to each other on a professional level. I think in most cases you will find out what the real problem is, and come to a understanding/arrangement.

If this dosn't work, go for the juggular, depending on the dollar amount and what the monies are for, you could have numerous avenues open to you, that you can either file on your own or have an attorney file on your behalf. Again depending on size of claim, you could file the action yourself, the legal system is NOT that difficult to work in. Just don't be intimidated and know what you are talking about.

There is replevins (to get the property back if this is applicable) or money judgement. Keep in mind, even if you get the judgement you still need to collect the money (this is why when you did your last appearance, you had your eyes open as to what was around you).

Remember, what you do for yourself, filings, court costs etc is your money, everyone else is charging you for their help. And they ALWAYS get paid first...

Finally, I recommend getting your judgement first before you engage a collection agency, fees are generally a 25-33% to list an account and if they go through any legal actiuon on your behalf, it generally changes to 50% of what they collect.

Good luck
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