How to Get This Person to Pay Us

Give him a certain amount of time and let him know with a professional letter that if he does not pay up you will be filing leans against his business/home/whatever thing of value he has. Then do it!

VickiS

Have you considered contacting someone else on the team which received shirts? I'm assuming, if it's a small town, you can get the coach or manager's name fairly easily, possibly through the local school PE teacher. They may be able to help or tell you more about what's going on at their end.
Good luck!

I think the idea of having your lawyer friend write a letter on his letterhead sounds like a good idea. You may just want to call him or email him one more time to let him know that you will be seeking outside help to collect the $700. Good luck!!

I wanted to edit my response after reading one of the comments. Please don't have your husband go over there to resolve this issue. This economy can do strange things to people. I would hate for him to be putting himself or your family at risk.

I say for sure include your lawyer friend. A simple letter can do wonders when it is from the "law"!

Since he owns his own business, you might also want to consder bartering with him for the $700. If he can SAVE you $700, it would be the same as you getting that cash... This might be an easier alternative for him.

You can file a lien at your county court house for about 75.00. This will attach to any property he has. You will eventually be paid if ever refi's his home or sales. I know this is not speedy but ive seen people finally being paid after years of waiting. For them.... It was the point that they didnt give up. You may want to send a certified letter first giving him one last chance to contact you and make good on his debt before you file a lien. Keep your paper trail for your records. Good luck!

I'm surprised that you haven't called him yet. You seem like you're not wanting to seem too pushy or forward, but in a situation like this you must make this man responsible for what he's taken from you. He has STOLEN t-shirts from you. Services were rendered, shirts were made, and now a payment must be given. If he's not responding to his e-mail, you need to call him, speak in a polite and professional manner, and ask "have you received our e-mails because we haven't heard back from you, and we wanted to make sure that you remebered that a payment is due for your t-shirts that you've ordered." "Would you like to pay in full or would you like to create a payment plan?" Don't give him another option! By the way, did he sign a contract? If not, and he refuses payment, then you will have to call him everyday until he pays or retain a lawyer. Retaining a lawyer doesn't always cost anything and it can "scare" people into doing what they're supposed to. Don't be afraid of someone who is taking advantage of your "rookie mistake"-kindness. Please, don't let this person continue to take advantage of you, by not paying...he has scammed you and needs to pay. Speak firmly to him, but in a professional business-like manner! And, get your money!!!!!!!!!!

As a business owner, this is what I would do if I had an outstanding invoice in this situation.

Send a formal collection letter with delivery confirmation requesting payment made in full within 5 days of recieving this letter. If for any reason you need to contact me, the you can reach me at the folowing numbers ....

If you google you can find a templete onine for free, it doesnt matter if it is on a lawyer's letterhead, the letter can state that your next step of action is to file a small claims suit. You will find a lot of different letters online to choose from, pick one that is worded the way you like. The fact you sent it delivery confirmation will let him know you mean business.

You can track his letter online, if after 7 days of him recieving it you do not see payment in the mail or he has not called you, I would then call his place of business. I would be nice, but firm that you are going to have to go ahead and file a small claims suit against him. Like him, you are in business and he has severely hurt your business with his lack of payment. At this point I would not listen to excuses, if he wanted to apologize and really pay the bill he would have called when he recieved the letter.

I would not seek a lawyer, fiing a small claim at the court is very easy, the clerk will walk you through it and really inexpensive, most charge about $30 I think. Most people in small claims do not have representation, just show up with your documentation of the invoice, the letter you sent, with the delivery confirmation info and any other paper trai like emails to back up this situation.

Hopefully it wouldnt go that far, but if it did it isnt that hard to deal with. I am sorry for the mess, good luck!

A similar thing happened to us, for a lot more money. Sometimes you try to be nice and you just get burned. The only thing you can do it take it to small claims court, but that may not help. You will have to pay the court fee as well as the fee they charge for serving him which will most likely be over $100. You cannot sue to get that back, which IMHO really bites! Even if you win in court, they just enter a judgment, they don't actually get the money for you. All it really enables you to do it file it with the credit bureaus on his report. You may also be able to get his wages garnished depending on if/where he works, but it could end up costing you more money to do that - again which you cannot recover. The courts won't help you do anything other than say Yes, he owes you money.

You made a mistake but it was because you were a trusting person......don't beat yourself up for that. Live and Learn, as we all must.

I do like the idea of your lawyer friend writing a letter, but first make your best effort to get him on the phone. Email is easy to ignore, but by personalizing it and remaining polite you may be able to provoke his humanity. Let him know you are so sorry but you will have to involve a lawyer.....this is your business and you can't afford not to get paid. Remind him you are willing to work with him.
Best of Luck J..

I think you can take them to small claims court and it does not cost you anything. Check in the county you live in.

Hi J.,

As a business person you have to follow certain collection rules. You need to start by sending out a 30 day collection letter, after that a 60 day letter and be nice in it don't treaten him just be business like, once 90 days has past and none of your request have not been met then you can send him a 90 collection letter stateing that if payment is not render upon receipt you will take him to small claims court. It is better to go this route than to get a lawyer cause it is costing you and your business. I believe that any amount under 5000.00 has to go to small claims court. But I to have had this come up from time to time and I have had great results doing the letters and it usually takes the full 90 days plus until you get it through this persons mind hey they mean business.

Good Luck,

T.

J.:

This person is probably in financial trouble, however that is no excuse for him not contacting you regarding his debt. I would look into placing a lein on his property, or business - go to your local courthouse and learn how to do this = or it may be on the internet. Anyway, you might not get paid today, but someday - which is better than no way!

Best wishes.

J. M

Try small claims court. Look in the web under "How to go to Small Claims Court." Be sure all your documentation and correspondences have been recorded and documented. Send him one last certified letter requesting full payment and that you will be taking him to court. Keep those receipts in your file.

No lawyers needed. Just follow procedure and if you have proof of a case they will serve him and he will be required to attend court or have a warrant for his arrest.
Also, ask the court to have his wages garnished since it is obvious he is having a hard time even with the payment plan.

This is business and times are hard. Let the court know you are willing to accept small payments monthly forever if that appeases your conscious during these times.

I think you could also put a lien on his business if he does not pay. Not sure how that works.

Or, you could just let it go and turn the other cheek. Up to you.

Good luck. C

J.,
I would have your husband go to his house and talk to him. Most likely the man didn't get paid by the parents of the team, I know, not your fault or anything, but he's probably waiting on that. I would have your husband talk to him and see what the problem is, if it's something you can deal with, such as time or a list of parents for him to contact. If you would be willing, let him know you'll help contact the parents of the kids to get the money for the shirts they received. The parents might never been told. If the man plays dumb on all things with your husband, then tell your husband as last results you'll have to take him to court to get the money. You did have a verbal contract with the man.
Good Luck!

We have specific terms set up before we ever finalize the sale. Even when doing business with business associates we know well....it is just good business to have terms in writing.

Most of the time, our invoices are anywhere from $20,000 to $30,000 so it is critical that we are paid in the net 30 days unless otherwise negotiated.

I would have an "official" letter drawn up and sent to him. I don't think I would incur more expenses by hiring a lawyer at this point. Think about the time and money you are spending in trying to get this $700.

Unfortuantely, you might have to list this deal as a lesson learned.

I like the Barter idea someone mentioned.

Best wishes.

Well first of all, do not bother this guy at his job. Judges look down on this sort of thing. You have made a civil agreement with him,therefore, you have to take him to civil court to get your money back. I would document document document. Take it to civil court and sue the guy for the $700.00. If it was a $100.00 or lower I would say take your loss as a lesson learned but $700.00 is a lot of money(to me anyways). Good luck. -RC

small claims court does not require a lawyer. go to the county courthouse and file a suit. He will be sent a certified letter of the suit and be required to show up.

I recently had someone that I didn't know very well owe me money in another state. I continued contacting them by phone and e-mail. Each time I talked to them assuming that they would pay. I think it is important to continue communicating by phone and e-mail every two weeks or so reminding them that you are looking for the money in the mail. I always communicated in a nice way even though I was frustrated at the situation of it taking so much longer than it was suppose to take. That is what I did and we finally received a check in the mail about 8 - 9 months later. I assume they had a financial difficulty and wasn't able to pay when they thought they were going to be able to. They never did explain why they didn't pay me last June of 2008 when the money was due. I was so...so happy when we got the check in the mail. When I received the check I e-mailed them a note telling them that I received the check and thanked them as if they had sent the money when it was due. I wanted to treat them as I would like to be treated.

I hope you are able to collect the money that these people owe you as soon as possible. I think that kind and business like communication is a key factor if you want to eventually get the money that they owe you.
R.

Having your attorney friend write a demand letter is a great start. However, if not paying up is a way of life for this guy, it may not help. If you can find out about his business or where he lives, your attorney friend could probably help you put a lien against him. More than likely, this would not be worth pursing by taking more legal action. It's honorable that you tried to help someone out in a rush, but I'm sure you now consider this a hard lesson learned.