Termination | TruckMount Forums #1 Carpet Cleaning Forums

Jul 9, 2017
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stephanie barber
Does anyone know if there's anything I can do short of going to small claims court to collect money owed to me by a past client? I'm not talking a few hundred bucks either. I know small claims is any amount under $5000.00 & its under that amount.

In a nut shell I revised my payment terms because this customer has had 10 months to get on track with making payments on time but they've chose not to honor the original service agreement, their always late, I don't mean a day or two sometimes its two or three weeks and generally I have to stay on top of every single invoice to get a payment. I've even offered to revise invoices to reflect longer service periods but I still ended up with the same results. I think if they couldn't ensure the payment as agreed upon then maybe they shouldn't of partnered with us. Anyhow, I feel 10 months is long enough to get it together so after two weeks of emailing back and forth I finally had enough and sent the building manager a final email giving her until the end of the business day to accept the new payment terms which were presented to her nearly two weeks prior & to pay all past due amounts immediately, otherwise we'd have no alternative but to terminate our service agreement immediately. I received nothing back from her that day so at the end of that business day I emailed the person above her to provide a notice to terminate services, typically we'd give a four week notice so the customer can find an alternative service provider, but given we'd had so many problems with this company paying their bill OHHHHHH &&&&& I forgot to mention they sold the business and the doors close officially at the end of the year & they didn't tell us, instead we found out through the grapevine so honestly they were already in default of the original service agreement by not complying with the original terms and with all this news I felt no responsibility to provide them with any further opportunity to take advantage of us. I honestly didn't like doing this but I'm struggling greatly to get what they owe us now and I knew if we stuck around for the upcoming service period with them (Mnday would of been the beginning of a new service period) and were going into the second week and I'm sure that will be strung out too. Anyhow, the following morning, I get a message from the building manager asking me why I didn't service the property the night before. As if she didn't get the email. I knew darn well she had tho, she's gotten all the other emails so why wouldn't she of received that one. I politely informed her that we have an unresolved matter which must be resolved before services can continue. I ask her to kindly take a look at the email I sent her the prior morning and to resolve the matter so that we may continue on. This has been a devastating ordeal for the ppl that work there too because they've all just been told their loosing their jobs (one lady was set to retire this year) so I didn't want too make things worse and I offered to carry on as long as they accepted the revision. So, I ask the building manager to please consider the unfortunate circumstances this will have on her staff and ours. Shortly thereafter I got an email informing me that no notification is grounds for termination, we're terminated & to not come back to the property. WOW! I have equipment & supplies there. And, it states in the service agreement the client agree's to not hold any equipment, supplies or payment. In so many words that's what it says. I just don't know exactly what to do about this. I don't want to hire an attorney because obviously that will cost me too. I won't let this go though, they owe it and I will see it through to the end& their not going to get away with keeping the equipment we've purchased. I can't allow that either. I just wanted to hear how others have dealt with this sort of situation. What a mess!

Thanks :)
 

Tcoulter

Active Member
Apr 18, 2017
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Trace Coulter
Just go to small claims. I have personally never been, but I have a family member who owns a business as well, he goes all the time, and always wins, because he is always correct when he brings a case. Actually GETTING the money might be a different story, but go and present your case, a reasonable judge will side with you, and at least that will set you up to potentially get your money.
 

TLC CARPET CLEANING

Active Member
Dec 3, 2010
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vermont
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Leon Turmel
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United States
File a lien on the property!! This will prevent any further development on the property when they or someone tries to get financing to do anything. Also will prevent transfer of ownership of the property as well. You will have to be made whole before they can move forward. Also bring it to small claims. Dot your I's and cross your T's when it comes to paperwork. Make sure you are able to collect on all fees associated with getting paid. Including attorney's fees, finance charges, and court filing fees. 10 months is plenty long enough to wait to get paid on any account. As for the equipment, get the police involved and go and get your equipment with them beside you if you have to.

Hope this helps
 

PistolPete

Well-Known Member
Sep 28, 2014
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Peter Dymond
You need to hire an attorney or walk away.
I would suspect that if they're closing the business there will be a line of vendors / suppliers etc looking to get paid.
Go get your equipment.
If they deny you access then call the police.
Have the agreement in hand.
BTW, it's advisable to attach a plate or decal to your equipment stating that it belongs to you.
This makes removal much easier in cases like this.
Also have a robust late payment penalty clause and enforce it.
Add 3% per month for late payments etc.
If they go 90 days past due, terminate the agreement.
 

Mama Fen

Well-Known Member
Jul 18, 2012
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no name
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I don't want to hire an attorney because obviously that will cost me too. I won't let this go though, they owe it and I will see it through to the end& their not going to get away with keeping the equipment we've purchased.

It's going to cost you more if you DON'T hire an attorney. Take the value of your equipment, your time, and the work you've done so far and balance that against the cost of hiring someone to get it all back for you. No-brainer.

No one WANTS to go to court. But if you don't stand up for yourself, you're going to lose your hiney on this. And you don't deserve that.
 

ccclean

Active Member
Mar 12, 2016
224
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Stephen Boisvert
Does anyone know if there's anything I can do short of going to small claims court to collect money owed to me by a past client? I'm not talking a few hundred bucks either. I know small claims is any amount under $5000.00 & its under that amount.

In a nut shell I revised my payment terms because this customer has had 10 months to get on track with making payments on time but they've chose not to honor the original service agreement, their always late, I don't mean a day or two sometimes its two or three weeks and generally I have to stay on top of every single invoice to get a payment. I've even offered to revise invoices to reflect longer service periods but I still ended up with the same results. I think if they couldn't ensure the payment as agreed upon then maybe they shouldn't of partnered with us. Anyhow, I feel 10 months is long enough to get it together so after two weeks of emailing back and forth I finally had enough and sent the building manager a final email giving her until the end of the business day to accept the new payment terms which were presented to her nearly two weeks prior & to pay all past due amounts immediately, otherwise we'd have no alternative but to terminate our service agreement immediately. I received nothing back from her that day so at the end of that business day I emailed the person above her to provide a notice to terminate services, typically we'd give a four week notice so the customer can find an alternative service provider, but given we'd had so many problems with this company paying their bill OHHHHHH &&&&& I forgot to mention they sold the business and the doors close officially at the end of the year & they didn't tell us, instead we found out through the grapevine so honestly they were already in default of the original service agreement by not complying with the original terms and with all this news I felt no responsibility to provide them with any further opportunity to take advantage of us. I honestly didn't like doing this but I'm struggling greatly to get what they owe us now and I knew if we stuck around for the upcoming service period with them (Mnday would of been the beginning of a new service period) and were going into the second week and I'm sure that will be strung out too. Anyhow, the following morning, I get a message from the building manager asking me why I didn't service the property the night before. As if she didn't get the email. I knew darn well she had tho, she's gotten all the other emails so why wouldn't she of received that one. I politely informed her that we have an unresolved matter which must be resolved before services can continue. I ask her to kindly take a look at the email I sent her the prior morning and to resolve the matter so that we may continue on. This has been a devastating ordeal for the ppl that work there too because they've all just been told their loosing their jobs (one lady was set to retire this year) so I didn't want too make things worse and I offered to carry on as long as they accepted the revision. So, I ask the building manager to please consider the unfortunate circumstances this will have on her staff and ours. Shortly thereafter I got an email informing me that no notification is grounds for termination, we're terminated & to not come back to the property. WOW! I have equipment & supplies there. And, it states in the service agreement the client agree's to not hold any equipment, supplies or payment. In so many words that's what it says. I just don't know exactly what to do about this. I don't want to hire an attorney because obviously that will cost me too. I won't let this go though, they owe it and I will see it through to the end& their not going to get away with keeping the equipment we've purchased. I can't allow that either. I just wanted to hear how others have dealt with this sort of situation. What a mess!

Thanks :)
I would let the contact know you will reach out to the party who is buying it and make very clear to them they are also purchasing debt that is owed to you and you will pursue it.
 

keep it clean

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Dec 3, 2012
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Lien em. Did sale go through? Is the building their's or is it rented? Is it for sale? Youll have to do some research in your state for the laws or hire an attorney to do the foot work for you.
We get paid by dead beat homeowners with just threatening to lien them. But it works best when they are trying to sell. It delays their closing and they will either pay you to clear it. Or they make arrangements to settle debt at closing. Most times they reluctantly pay just with a warning under the advise of their agent who also wants to get payed.
 
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Jul 9, 2017
131
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stephanie barber
Lien em. Did sale go through? Is the building their's or is it rented? Is it for sale? Youll have to do some research in your state for the laws or hire an attorney to do the foot work for you.
We get paid by dead beat homeowners with just threatening to lien them. But it works best when they are trying to sell. It delays their closing and they will either pay you to clear it. Or they make arrangements to settle debt at closing. Most times they reluctantly pay just with a warning under the advise of their agent who also wants to get payed.
How could I find this information out? Would the court house tell me? I'm going to ask around BUT from what I gather none of the employee's were told of this until recently. I mean this building literally just had a complete renovation and the new owners are closing the doors, nothing will be done with the building. Is there somewhere I can call or go to find out if the sale has been finalized? Thank you
 
Jul 9, 2017
131
18
18
Real Name
stephanie barber
How could I find this information out? Would the court house tell me? I'm going to ask around BUT from what I gather none of the employee's were told of this until recently. I mean this building literally just had a complete renovation and the new owners are closing the doors, nothing will be done with the building. Is there somewhere I can call or go to find out if the sale has been finalized? Thank you

Also, I was wondering since the last day of business is the 31st and we all know it takes a bit to get in front of a judge should I give them anymore time than a 7 day demand notice?
 

keep it clean

Premium VIP
Dec 3, 2012
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Real Name
Nick
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How could I find this information out? Would the court house tell me? I'm going to ask around BUT from what I gather none of the employee's were told of this until recently. I mean this building literally just had a complete renovation and the new owners are closing the doors, nothing will be done with the building. Is there somewhere I can call or go to find out if the sale has been finalized? Thank you
This is why its better to talk to an attorney. They know the laws. They know what to look for. Liens you just go down to the court house and file it. Clerk may be able to assist you a little bit with that. But its better to speak with someone 1st so you know what to do and how to go about doing it.
 

SMCommerical

Active Member
Feb 8, 2018
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Mike C
I have been a very similar situation as you, not completely the same, but the facts are pretty much the same. I can only comment briefly at the moment because I am still in the process of getting it resolved.

Background:

Got contacted by the customer, we met, toured the place, sent over a quote, and they agreed to the 1 year and we both signed off on it (30 day termination if neither party is happy). Were talking 5,001+ dollars (cant give the exact amount)

Did nearly 2 months of work, then we invoiced the customer, and the next business day the customer ask for a termination to the contract because they are not happy with services. (how convenient the next business day after the invoice was submitted).

We bought supplies for the customer per their request and basic equipment. I asked for the stuff back and they told me "just invoice me it." So we invoiced the supplies + 30 day notice because by agreement I was suppose to be given that time.

After 25+ calls later they ignored my calls, invoices, and kept promising to pay and a check was gonna be sent to me. Never received anything. Hired a collection agency that would only charge me if we collected otherwise I owe them nothing. They did multiple calls and were told I was going to get paid, and nothing again.

I considered putting a Lien on the property, but some states you are unable to do so for janitorial services. You can use it as a threatening tool, but many protect construction contractors and forget the little janitorial companies. Then they sold the company to someone else in the same industry and told us they owe us nothing that they sold the business.

Now I had to hire an attorney and currently filed the paperwork to sue for the money owed, supplies, notice, interest, court fees, and attorney fees, which is outlined on our contract. Now we are just waiting to see what their response will be and take it from there.

My Suggestion:

File a lien if it is allowed within your laws. Contact an attorney and give them feedback on what your story is and see what your chances are on winning. If you got a signed contract, and can proof that you conducted the work. I can't see how a judge would not award you what is owed to you.
 

Luky

Well-Known Member
Nov 29, 2013
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Marian Lukacisin
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Does anyone know if there's anything I can do short of going to small claims court to collect money owed to me by a past client? I'm not talking a few hundred bucks either. I know small claims is any amount under $5000.00 & its under that amount.

In a nut shell I revised my payment terms because this customer has had 10 months to get on track with making payments on time but they've chose not to honor the original service agreement, their always late, I don't mean a day or two sometimes its two or three weeks and generally I have to stay on top of every single invoice to get a payment. I've even offered to revise invoices to reflect longer service periods but I still ended up with the same results. I think if they couldn't ensure the payment as agreed upon then maybe they shouldn't of partnered with us. Anyhow, I feel 10 months is long enough to get it together so after two weeks of emailing back and forth I finally had enough and sent the building manager a final email giving her until the end of the business day to accept the new payment terms which were presented to her nearly two weeks prior & to pay all past due amounts immediately, otherwise we'd have no alternative but to terminate our service agreement immediately. I received nothing back from her that day so at the end of that business day I emailed the person above her to provide a notice to terminate services, typically we'd give a four week notice so the customer can find an alternative service provider, but given we'd had so many problems with this company paying their bill OHHHHHH &&&&& I forgot to mention they sold the business and the doors close officially at the end of the year & they didn't tell us, instead we found out through the grapevine so honestly they were already in default of the original service agreement by not complying with the original terms and with all this news I felt no responsibility to provide them with any further opportunity to take advantage of us. I honestly didn't like doing this but I'm struggling greatly to get what they owe us now and I knew if we stuck around for the upcoming service period with them (Mnday would of been the beginning of a new service period) and were going into the second week and I'm sure that will be strung out too. Anyhow, the following morning, I get a message from the building manager asking me why I didn't service the property the night before. As if she didn't get the email. I knew darn well she had tho, she's gotten all the other emails so why wouldn't she of received that one. I politely informed her that we have an unresolved matter which must be resolved before services can continue. I ask her to kindly take a look at the email I sent her the prior morning and to resolve the matter so that we may continue on. This has been a devastating ordeal for the ppl that work there too because they've all just been told their loosing their jobs (one lady was set to retire this year) so I didn't want too make things worse and I offered to carry on as long as they accepted the revision. So, I ask the building manager to please consider the unfortunate circumstances this will have on her staff and ours. Shortly thereafter I got an email informing me that no notification is grounds for termination, we're terminated & to not come back to the property. WOW! I have equipment & supplies there. And, it states in the service agreement the client agree's to not hold any equipment, supplies or payment. In so many words that's what it says. I just don't know exactly what to do about this. I don't want to hire an attorney because obviously that will cost me too. I won't let this go though, they owe it and I will see it through to the end& their not going to get away with keeping the equipment we've purchased. I can't allow that either. I just wanted to hear how others have dealt with this sort of situation. What a mess!

Thanks :)
Certainly, we don't know all the circumstances surrounding the case, so next step is up to you . It would be helpful if you get free consultation with a an attorney
( majority of the offices will offer one). 10 months is water under the bridge in sense that the situation got out of control, but I will refer to what I already said , we don't know all circumstances. Presence of attorney in your case is important, since you won't be able to collect important data pertinent to overall standing of the company you're pursuing, meaning you have no way of knowing if there is already some type of lien against them or they will shoot for a bankruptcy proceedings. Sorry to say it bluntly, step in the line and it might be already very long.
Listen to a wise advice from @Mama Fen
and run to an attorney office, now . Any other advice is futile. Where do I get confidence about my statement?
After all, I'm just accidental carpet cleaner ....