Any business litigation attorneys here?

[Schmo]

good on you!

Indeed! Thanks to @Q_Sertorius! He gave me some direction and answered questions. Very kind of him

 

[gbflyer]

90 days isn't super uncommon unfortunately. They keep your money in play as long as possible. Just about the time you're ready to go turn someone's desk over, a check shows up.
Keep after them.

 

[Schmo]

90 days isn't super uncommon unfortunately. They keep your money in play as long as possible. Just about the time you're ready to go turn someone's desk over, a check shows up.
Keep after them.

I won’t argue that point, but why then sign a Net 30 agreement? What good is it?

 

[gbflyer]

I won’t argue that point, but why then sign a Net 30 agreement? What good is it?

To get guys like us to do the work. Haha.


Sent from my iPhone using Tapatalk

 

[The_Jim]

I won’t argue that point, but why then sign a Net 30 agreement? What good is it?

We've had them try to take the 10 day discount after waiting 30 days to pay multiple times. They act surprised when you get upset, but I'd like to see their reaction to someone f'ing with their paychecks.

 

[CorbLand]

I won’t argue that point, but why then sign a Net 30 agreement? What good is it?

We signed a contract with a company to remove a massive metal railing. The contract was, the contractor removes the railing including the posts concreted into the ground and he could keep all the metal for salvage. We didn’t pay him for the work. There was high 5 digits worth of metal there, possibly even 6 digits.
The contractor came in, cut the post off at the ground, took the metal and left. Never took out the concrete. We took it to our legal team, last I heard, we weren’t pursuing it.
Now, we get to pay another company to come in and remove the concrete.

So why do companies do it? Because nothing ever comes of it. It costs more in legal fees to do anything so sign away, hope someone doesn’t come after you because the likelihood is basically 0.

One of the funniest things I deal with is when companies put net 30 on their invoices. Then they call me asking why we haven’t paid and it’s only been 7-14 days. Uh, we have 30 days to pay you, per your terms, so that’s why we haven’t paid…

 

[Will_m]

$3,715.06. It’s not a lot of money in the world, but as an owner/operator, it’s a lot to me.

I know actual litigation would cost more than that amount. My current route is to file in small claims and see what goes there. Likely they wouldn’t even respond to the suit, and thus I’d win by default. However, then it’s on me to actually collect. Just wanted to talk to an attorney who knows these things and ask some basic questions so that I have a better understanding of things.

What state are you in? That’s a pretty simple project.

 

[Schmo]

What state are you in? That’s a pretty simple project.

Arkansas

 

[ODB]

If you can do small claims and feel you have a slam-dunk case, do it.

I sued an old tenant for the max 5k. Did mediation, he failed to cure, went to the judge and got a judgement, then ended up garnishing his wages. Frankly it was easy.

I consulted no one but the forms to process. This was 2004

 

[Ucsdryder]

ChatGPT can be pretty helpful in these situations.

 

[ODB]

ChatGPT can be pretty helpful in these situations.

Agree. Being very cautious, it can indeed help.

 

[HookUp]

I have a friend who does contract litigation and he is $400 an hour. You better look at small claims court. An attorney isnt lifting a finger for less then 5 G

 

[Silveroddo]

Who's contract did you use? Theirs or yours? Have they verbalized their intention to not pay or are they just slow paying? In these cases feeling them out and figuring out what their intentions are goes a long way. I'd hold off threats until after you put in the leg work and are prepared to follow through. Get your ducks in a row, figure out what you can and are willing to do, get everything lined up, make the phone call, send the e-mail, whatever, and if at this point their are still not following through then proceed with whatever recourse you've determined you have promptly.
If I understand it correctly, you're working for the maintenance contractor? Who or what is the actual customer?

 

[Spoonbill]

If you can do small claims and feel you have a slam-dunk case, do it.

I sued an old tenant for the max 5k. Did mediation, he failed to cure, went to the judge and got a judgement, then ended up garnishing his wages. Frankly it was easy.

I consulted no one but the forms to process. This was 2004

I’ve never sat through small claims court but I used to work in a courthouse and talked to a couple judges who appreciated the people that had their ducks in a row.

 

[dieselchessy]

Maybe pay a lawyer to draft a letter to them?

I’ve seen that work. It seems companies want to hold onto their money as long as possible. Sometimes that means waiting to pay till the last minute or waiting to pay till they feel it may cost them to delay any longer.
It seems they intend to pay, just not till its necessary.

 

[Beendare]

IME, suing over $3000 is not worth the squeeze- even in Small claims. It's better to move forward and forget it.

I know, it's a tough pill to swallow but best for your bank account and mental health to move on.

 

[M44]

I had a customer ,who was a lawyer, refuse to pay 5 k for work done on his home. It was for fire restoration, but he added extra work to his bathroom that was not covered by the insurance check .
When I met with him to collect , he handed over the check from the insurance company, but stated I had made enough on the fire restoration that he shouldn't pay the extra 5k. I just turned and left.

I completely all the paperwork for small claims court and on the day of trial he entered the courtroom and immediately requested a change of venue to the next county. It was granted and now I had to get a lawyer. I found a good one from that county and met with her. At the meeting I told her that any amount I owed over 5k , she would have to eat. She agreed.

A couple months later we go to trial and win. The sob appeals, but the money goes into escrow. Nearly a year later there is another trial and we win again.

About two weeks after winning the last trial I receive a check from my lawyer in the amount of $263.00. Sometimes it is is a matter of principle. Lawyers and doctors are the very worst to work for.

 

[Schmo]

I had a customer ,who was a lawyer, refuse to pay 5 k for work done on his home. It was for fire restoration, but he added extra work to his bathroom that was not covered by the insurance check .
When I met with him to collect , he handed over the check from the insurance company, but stated I had made enough on the fire restoration that he shouldn't pay the extra 5k. I just turned and left.

I completely all the paperwork for small claims court and on the day of trial he entered the courtroom and immediately requested a change of venue to the next county. It was granted and now I had to get a lawyer. I found a good one from that county and met with her. At the meeting I told her that any amount I owed over 5k , she would have to eat. She agreed.

A couple months later we go to trial and win. The sob appeals, but the money goes into escrow. Nearly a year later there is another trial and we win again.

About two weeks after winning the last trial I receive a check from my lawyer in the amount of $263.00. Sometimes it is is a matter of principle. Lawyers and doctors are the very worst to work for.

It’s funny, because one of my best customers to this day is an attorney who is THE TOP litigator for Walmart, and also involved in their legal strategy. Super easy to work for, willing to pay what I quote, and pays fast. And he’s a redneck from Saline County, AR, who moved into NW Arkansas because of Walmart home office. He told me the redneck part, I didn’t label him

 

[Hnthrdr]

$3,715.06. It’s not a lot of money in the world, but as an owner/operator, it’s a lot to me.

I know actual litigation would cost more than that amount. My current route is to file in small claims and see what goes there. Likely they wouldn’t even respond to the suit, and thus I’d win by default. However, then it’s on me to actually collect. Just wanted to talk to an attorney who knows these things and ask some basic questions so that I have a better understanding of things.

Small claims & or collections. Brothers owns a fairly big business and has spent lots and lots of time with lawyers both suing and getting sued… only people who win are. You guessed it lawyers. He has gotten to the point where he has gotten most of his ego out of it because he knows the financial stress and headache that litigation brings. Maybe you can find an attorney to send a letter for a few hundred bucks but if they spend anytime doing anything it will be 3k easy.

 

[Hnthrdr]

Correct, in Arkansas it’s done without representation. But I just want some clarifying info. I’ve only threatened the vendor with a suit and reporting to the BBB. He told me he’s handed it over to his legal team to look at suing me for threatening. What?! I only threatened him with proper legal action to collect on a debt. I think it’s a bluff from him.

If bro isn’t paying 3k I highly doubt he has a “legal team” any lawyer will run him over 3k to keep him on retainer