I have a business that owes me money for over 45 days. I would like some help with what my options are? And what documents might be required to go after the company??

Thanks...

Dave

 

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what are their terms?

When we bring in a new vendor, we let them know its going to be 90 days before they get paid. Some are 180 days but thats because they spend close to a month on the water and in customs.

 

terms where 30 days. We are now at 45 days and nobody returns my phone calls or emails..

 

Before you contact an expensive attorney, consider small claims court. Depends on the amount, of course. There are a number of "free" consultaion services available as well.

Dan

 

Your options are probably gonna be to report them to a credit agency and keep dunning them until they pay. If they pay. That is the joy of extending credit.

The company I work for had an income of close to 7Billion last year. We stay on credit hold with many national chains. They put us on hold after 30 days, we pay at 90. The only people that get paid on time is the utilities and employees.

 

I've had to sue in small claims which is an option for you also. You can hire a collection agency, hire a guy named Guido to collect for you or if you are in construction chalk it up to experience and next time use a mechanics lien.

 

Check this out guys....... The last two weeks I have been sending these people emails saying that unless I get payed I would turn them in for my Contractors Lic and no CDL. Yeah, he drives his new 10 wheel dump truck with no CDL and told me.... LOL. Anyway they wrote this tonight....

"Prior to our last conversation on the phone I reviewed the e-mails you had sent me. After corresponding with my attorney he advised me due to your threats that I should have you sign a release waiver upon the receipt of your last payment. That would be the cause for the delay. So I would be more than happy to meet you in court where the judge can review all nasty e-mails and threats you have made to me along with a very uncalled for message on my phone, where my attorney will appear and confirm that he had advised me to wait to send your payment until he could get me a release waiver. At which time you can then sign in front of the judge and receive your last payment along with you paying for all fees acquired or you can meet me to get the release waiver notarized and you can receive your last payment. It's your call."

They are always trying to find a way not to pay. Now I am the bad guy... I am threating them with their own stupidity. Of course I am going to turn you in to the Contractors Board and Commercial DMV for owing me money. Who wouldn't...... edited by admin.... I must be looking at 10- 20 years for that one....

This guys has owed me $16,000 for 49 days..... Paying his bills and mortgage with my money. Or course I am a little T'd OFF.....

 

I got a similair letter from their attorney which is good because it meant they were stupid enough to have to pay for his/her time. If you take them to small claims there aren't any attorneys except for the Judge. It's $80.00 well spent if nothing else just for their inconvenience (even though it is for you too). Here I was, a small, very small business just getting started and this guy who paid cash for his house, corvette, 40's ford street rod, SUV etc. When we went to court, it looked like I was the big bad contractor and he the small bus. owner. I slammed him anyway. I went in with all my ducks in a row (maybe I missed my calling as a bloodsucker, I mean attorney), times, dates, receipts and actually a few in the court room even gave me a high five on my way out. bad thing was the Judge only awarded me half of the contract but I learned a valuable lesson that day. A mechanics lien would have been the ticket, now I know.

 

So if you go sign a release waiver he'll give you your money?

If not... At any length you need to ask if he's filed for bankruptcy and if you should talk through his attorney.

In business to business collections you have a lot of leverage. Call his wife or mother and say you are unable to get ahold of the party in question and ask them if they know the number to his attorney he is using for bankruptcy. Insinuate that the company is insolvent. Start off with his wife first and move to family.

 

No attorneys because they don't make beemers in diesle.

 

They do now.............

http://www.bmwworld.com/models/330cd.htm

 

Well I am supposed to go to the attorneys office today and "sign" a waiver. I am going, but not to sign anything. I want to ask the attorney if he representing a company that is contracting work with no contractors license? And if the is representing a truck driver that is driving with out a CDL? And a company that is in default with the IRS with back taxes. We will see how long the Attorney will be representing these people then. The company that owes me money act like they are in the drivers seat. I will shut them down on the basis of contracting work without a contractors license and driving a 10 wheel dump truck with no cdl, but they consider those threats. I told them today that running a illegal business is a crime. Any judge would simply ask them.... " are you contracting with out the proper licenses?" Enough venting guys......... thanks for the replies..

 

One more thing WC, I know of a person who had their business shut down by a person suing them. They went and found out that their insurance wasn't correct or didn't have insurance and the state (or County) shut them down. So if you can find out about their insurance.

 

glad to see no bottom feeders are here