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Havasu Luvr
11-11-2004, 11:15 AM
What agency/law firm do you use for collections? I've got a dead beat OEM with 2 outstanding invoices.
Any info would be appreciated

OGShocker
11-11-2004, 11:21 AM
Pretty good group (http://www.newton-associates.com/) I have used in the past. Stay on them. They'll cost you 25% so be aware of that before you sign on...

Havasu Luvr
11-11-2004, 11:27 AM
Pretty good group (http://www.newton-associates.com/) I have used in the past. Stay on them. They'll cost you 25% so be aware of that before you sign on...
Thanks, that seems to be the going rate. I'll look into it.

al cole'holic
11-11-2004, 12:46 PM
What agency/law firm do you use for collections? I've got a dead beat OEM with 2 outstanding invoices.
Any info would be appreciated
....if you have an attorney I would suggest having them start off with writing some letters. :D

Dawn Patrol
11-11-2004, 12:53 PM
What agency/law firm do you use for collections? I've got a dead beat OEM with 2 outstanding invoices.
Any info would be appreciated
Send the deadbeat a payment demand letter (certified),
Then take em to court. I done this twice, and it worked Great. ;)

nodigg
11-11-2004, 12:55 PM
If under $5k, use small clamis and do it yourself. Piece of cake. The main thing is not to wait too long or they may be out of business. If they are not going anywhere, collection agencies cost an arm and a leg and don't do anything you can't do yourself. Make the calls, serve them and take them to court. The courts are very friendly to business owners attempting to collect on a debt. That way you can also collect for costs insted of paying an agency a piece of your profits. Just another way to think about it. Best of luck.

Havasu Luvr
11-11-2004, 01:02 PM
If under $5k, use small clamis and do it yourself. Piece of cake. The main thing is not to wait too long or they may be out of business. If they are not going anywhere, collection agencies cost an arm and a leg and don't do anything you can't do yourself. Make the calls, serve them and take them to court. The courts are very friendly to business owners attempting to collect on a debt. That way you can also collect for costs insted of paying an agency a piece of your profits. Just another way to think about it. Best of luck.
Hey Rick,
I wish I could. This OEM will be around for awhile. They mfg refer control units for a major transport company. Small claims is out of the question since both invoices total over 14K.

nodigg
11-11-2004, 01:05 PM
HL, is the debt for transportation?

Havasu Luvr
11-11-2004, 01:07 PM
HL, is the debt for transportation?
No, wholesale items for mfg finished product

nodigg
11-11-2004, 01:12 PM
Now if you wanted to, you CAN file up to two? 5k plus costs claims in a year. This way you can get their attention. Usually, they will pay before going to court if they are a ligitimate company. If you hire an attorney, his costs will be added to what they owe you AND you will get it all instead of 25% discounted.

Steamin' Rice
11-11-2004, 01:39 PM
HL,
I know a guy who does collections.. Let me know if you're still looking for someone..

C-2
11-11-2004, 02:50 PM
Some food for thought....
First you should exhaust every friendly collection remedy you have, such as discounting the total amount due, making sure the invoices are in the correct hands of the decision makers/bill payers (sometimes a friendly letter to the CEO will do wonders), or otherwise get them to tell you in writing they’re not paying you. Make sure they are not witholding payment due to being unhappy with your service or product.
If that fails, consider a collection agency. Remember though, a collection agency often times will negotiate a payment for a lesser amount (something you can try yourself), so if they get the client to pay 75% of the invoice – then the collection agency will zap another 25% of that, thus leaving you with only 50% of the face value. If the collection agency will purchase the invoice, maybe consider that option as well.
Maybe throw a little money at a lawyer to write a demand letter to get their attention.
If the client still refuses and you go with a collection agency, be sure you’re with an agency that will sue to recover, especially if the client is out if state. They can add attorney fees in if your contract has an attorney fees provision. If verbal contract only, then you would bear your own legal expenses.
If the client is out of state, you can’t use small claims. In small claims, state law prevents companies or individuals from being served out of state, except under limited circumstances (none of which apply here). The next court level is limited jurisdiction, where all the court formalities apply and it’s difficult to maintain a lawsuit in pro per.
If the client is within the state, small claims might be a viable and quick option. As others have said, two cases for $5K each. You lose $4K, but then again, you might lose that amount anyway if you go the collection route. Write the balance off as a loss.
If the client is here in Cali and you get a judgment – I can help you collect it. I’ll PM you the name of a good collection lawyer who is a client of mine.
:)

Misogynist
11-11-2004, 04:17 PM
You may have two invoices... but if any of the parts were shipped seperately.. then you can seperate the parts on the invoices... Sue them three times in Small claims.... Worth a try... if they just need a shove to get them to step up and pay... then the thought of standing in front of a judge... even a lousy "pro tem" will get them to pay. File one suit for $5 k... then when you see them in court... tell them there are two more coming down the pike... that you are tired of the run around. That will save the filing fee on the other two... They may just pay you on the spot... deadbeats always try to stall. Some major companies make it their policy to try and starve you to death. I've had one customer tell me to my face that they are going to shaft me out of my money... oh... and as a consolation... they told me " Don't take it personally... it's only business"..... Years ago I caught the a$$hole that said that to me coming out of his car... I told him that if he tried to f--- me... I'd break his legs... and I could find him like I found him now.... Oh... but don't take it personally... it's only business.".... I was paid the next day. Bastards......... :hammer2: