Have to Take Customer to Small Claims Court for $5,000 - Any Suggestions ?

by flipper 14 Replies latest jw friends

• 

  garybuss

  Any suggestions for me ?
  
  1. Get an attorney. Never go to court without one. Man who represents himself has idiot for client.
  
  2. Skip small claims court. Here, that's a court of last resort. File suit in circuit court. Costs the same and the case can move forward if lost. Add ALL costs + interest + 100k punitive damages for attention factor to the claim. Sue for breach of contract too. Have attorney subpoena invoices and payment records from replacement cleaning company. You might get them to settle out of court. Or, you might win on summary judgement.
  
  
• 

  garybuss

  Any suggestions for me ?
  
  3. I might be able to put a mechanic's lien on the property. That's better than a judgement in many ways. It's also a HUGE attention getter especially if the client is leasing the space. Here I can file a lien without going to court first.
  
  
• 

  Farkel

  flipper,
  
  I had a very similar experience many years ago when I was in the janitorial business. I cleaned an office for two ladies who sold insurance and dabbled in buying and selling of second Trust Deeds. Yes, it was right here in Califonia.
  
  They fell behind and like you, I carried them for three months before I terminated my services. The night before our Court date, I got a call and one of the ladies said "we are very sorry we couldn't pay you, but we sold a small Trust Deed and can now pay you off. We would be happy to bring you a check tonight so we don't have to go to Court tomorrow. I said, "Cash only." They brought cash.
  
  We still remained friends after that, but I never did work for them again. A few weeks later they invited me to lunch and at lunch they said I would be a great real estate salesman. I got into real estate and kept in touch with them for almost 10 years after that.
  
  My story ended positively and happily. Just remember, if you get a judgment in California, it means nothing. You have to file a Writ to make it enforcable. That will make it show up on their credit report and that Writ is good for ten years, but only in the County where it is filed. If they move to another County, you have to file another Writ.
  
  At least, that was the way it was in the early 1970's in California.
  
  Farkel
• 

  BurnTheShips

  I used to do collections for a finance co, and would go a couple of times a month on their behalf. What they do here where I live is send you to a mediator when you are in court. Here are a couple of things I would do to get a psychological edge:

  I would send a uniformed cop to serve the papers....at the deadbeat's place of employment. This is humiliating for them and can help soften them up to at least start making installments without going to court.

  When using the court appointed mediator, when they would complain about inability to pay, If they had an expensive piece of jewelry on or say, the latest $150 pair of Air Jordans, I would humiliate them by saying "how did you afford to buy that but can't make your loan payments".

  Start thinking from now what terms you will accept for the canceling of the debt owed you. Installments? Payment in kind? There are a lot of possibilities. Good luck, and don't hesitate making them feel like pieces of excrement, this will help you get paid faster. They are likely behind with a lot of people, you want to be at the head of the line. If they have to rob from Peter, make sure you are Paul.

  BTS
• 

  flipper

  Well folks - thanks for all the great advice ! It's been very interesting reading it. Have some good news for ya. In my P.O. Box last night had a check for half the amount $ 2,400 and a letter indicating they will pay me the balance of the other $ 2,400 by January 18th - one month from the date of the letter . So apparently these folks disn't want this getting out to much to others and didn't want it going to small claims court ! So at least I'm halfway relieved. I think I've applied enough pressure on them in a firm , dignified manner to get them to act .

  I forgot to mention to you in the initial thread - that the company this architect leases to on the bottom floor ( a sports photography company ) was paying half my monthly wage ( $680.00 ) for cleaning their office as well. They paid the architect their half in their rent, who ( allegedly ) was supposed to pay me the sport's companies share for the janitorial. This had fallen behind as well 3 and a half months. So in mid-November I informed the sport's photography companies owner that the architect WAS NOT paying me the money they were giving the architect for my janitorial services ! So I wonder if ; when I cut off 2 weeks of service as of Dec. 1st and the sports company saw their trashes weren't getting emptied , or restrooms cleaned anymore - if they threatened not to pay the architect for their half of janitorial services - which might have pressured the architect to satisfy me. So let me know your takes, just curious. Thanks again ! Peace out, Mr. Flipper