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#98642 - 05/24/08 07:24 PM
Going after someone who owes you money
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MACx3
New Member
Registered: 04/02/08
Posts: 22
Loc: NC
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I have worked for someone, billed them, and not received payment to the tune of thousands of dollars. Sent a deadline for payment to person and that time has passed. Now looking at collections or small claims. Any of you guys had this problem and how did you handle it? I do have written contract so I know in court, I would win but really don't want to go that route. Has anybody used a collections agency with success?
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#98643 - 05/24/08 07:32 PM
Re: Going after someone who owes you money
[Re: MACx3]
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tropsicleAfter
Member
Registered: 10/30/06
Posts: 2431
Loc: Vicksburg, MS
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If you are certain about winning, go through the courts. A collection agency charges you a percentage fee, and that fee is usually healthy. Neither route will ensure payment, but with a court judgment, further remedies are available. The only power a collection agency has is harrassment, and the someone who owes you can legally get them to stop that. I don't know what would make you not really want to go the court route, but that is the way to go.
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tropsicle
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#98644 - 05/24/08 10:17 PM
Re: Going after someone who owes you money
[Re: tropsicleAfter]
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Redpen
Member
Registered: 12/31/69
Posts: 932
Loc: Virtual Oklahoma!
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I do know two MTs who were successful in just visiting debtor transcription service owners accompanied by a large male "relative."
A lot of MTs who are owed money apparently just give up on it. We had a service owner in my area who was famous for not paying--he knew that most of the MTs wouldn't pursue the matter.
Remember that service owners have to be paid by the client before they can pay you. If they don't manage things well, they won't have enough in the bank to cover their expenses. The MTs are the last to get paid, because they are the last to complain and the least able to do anything about it.
Physicians who do not pay often are planning to leave the area or get a job somewhere else.
In any event, not getting paid is often a sign that the business is in trouble. Do not delay in going to court. Try to keep the amount owed under the small-claims limit, so that you don't risk losing too much.
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Redpen
(The Andrews School)
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#98645 - 05/24/08 11:21 PM
Re: Going after someone who owes you money
[Re: Redpen]
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inkyfingers2
Member
Registered: 03/25/03
Posts: 604
Loc: southern California
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Remember that service owners have to be paid by the client before they can pay you. If they don't manage things well, they won't have enough in the bank to cover their expenses.
I must take issue with your first statement. My understanding of contract law is that a contractor must pay the subcontractor for work performed whether or not the client pays the contractor.
Granted, your 2nd sentence would be true, but that would be the contractor's tough cookies for not planning better, not the subcontractor's tough cookies.
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inkyfingers
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#98646 - 05/24/08 11:53 PM
Re: Going after someone who owes you money
[Re: inkyfingers2]
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MACx3
New Member
Registered: 04/02/08
Posts: 22
Loc: NC
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Thanks for the advice. My understanding is that under a contract payment must be made for work completed. I am not an MT who will sit by and just not go after it. I personally and shocked there are people in the world who stiff you for honest work, but I have been proven wrong. If collections does not work, we do plan to pursue to small claims court. I just do not want to take the time off and take my 3 small children and husband down to the state where I would need to do this, but if/when it comes to that, I will do. This person had better watch out becuase I deserve and have earned to be paid even if it means taking a lien out on her house, I will do that. She needs to know this cannot happen and you cannot screw with people's lives. Sorry for the rant; I just needed to get that off my chest.
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#98648 - 05/25/08 03:52 AM
Re: Going after someone who owes you money
[Re: MACx3]
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whorn
Member
Registered: 01/17/08
Posts: 679
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MAC,
Have you sent this MTSO a registered letter, return receipt requested? If not do so as a first legal step. Next, before turning this over to a collection agency consider an initial consultation with an attorney, or at least a telephone call to your local small claims court. Often the initial consultation with an attorney is free, and additionally the attorney or local small claims court would know if you actually have to be present physically in a small claims court out of state. In many instances that is not necessary legally.
Thousands of dollars is nothing to sneeze at, and I wish you all the best in obtaining the money owed you.
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#98652 - 05/25/08 08:30 AM
Re: Going after someone who owes you money
[Re: whorn]
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MACx3
New Member
Registered: 04/02/08
Posts: 22
Loc: NC
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Yes a registered letter was sent with return receipt requested, and it was not picked up, which does not surprise me at all. I will call about the local small claims court. Had not thought of doing that to see if I had to be present. Thanks for that tip and thanks for the well wishes. Needless to say, I have learned a very expensive lesson and also also learned that people are willing to stick employees. I lived in a lala land thinking and trusting all. I will not make that mistake again!
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#98683 - 05/26/08 12:36 AM
Re: Going after someone who owes you money
[Re: inkyfingers2]
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Redpen
Member
Registered: 12/31/69
Posts: 932
Loc: Virtual Oklahoma!
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Remember that service owners have to be paid by the client before they can pay you. If they don't manage things well, they won't have enough in the bank to cover their expenses.
Granted, your 2nd sentence would be true, but that would be the contractor's tough cookies for not planning better, not the subcontractor's tough cookies.
Yes, contract law does require that the subcontractor be paid. However, if the service owner does not have the money, they cannot pay you until they have been paid. It may be tough cookies for the contractor, but he can't give you money that he doesn't have.
This is, unfortunately, a common practice.
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Redpen
(The Andrews School)
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#98838 - 05/27/08 05:00 PM
Re: Going after someone who owes you money
[Re: Redpen]
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MACx3
New Member
Registered: 04/02/08
Posts: 22
Loc: NC
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Thanks for all the info. I have decided to contact a lawyer in this person's state and go after her for the money that I am due. If it only is a lien on her house, then that works for me! I want her to know, she cannot do this to other people.
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#98876 - 05/27/08 11:43 PM
Re: Going after someone who owes you money
[Re: MACx3]
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RoseMT37
Member
Registered: 06/17/04
Posts: 706
Loc: Texas
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Also one thing to always check is that the contract you sign does not state that you will not be paid until they are. I have only worked for one person like this and never had a problem. I trust her completely and would not work for anyone else under those circumstances. I would take it to court if I were you...good luck!
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#98885 - 05/28/08 09:18 AM
Re: Going after someone who owes you money
[Re: RoseMT37]
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MACx3
New Member
Registered: 04/02/08
Posts: 22
Loc: NC
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Taking everybody's advice. Going after her! Taking her butt to court! Called the magistrate today and they are sending me paperwork. I will let you all know how it turns out!
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