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NastyOne
09-25-2003, 08:12 AM
Ok.. without getting into detail, my grandpa has a painting company and I am sure that you all know about the whole "not getting paid" issue in construction. Well this guy owes him something to the tune of 35k. He has been trying to get it for like a year now and is about to take it as a loss.
He says if I can get it he will give me 1/2. So does anyone have any realistic ideas on how to go about this?
Thanks

UBFJ #454
09-25-2003, 08:15 AM
Lien what was painted.

Mandelon
09-25-2003, 08:17 AM
Did the old guy have a signed contract? A mechanic's lien is the best way. Is it multiple jobs or just one?
Sue him in court. Have a lawyer write him some nasty grams to make him think you are going to sue, then settle instead.
Worst case, go burn down his house. Teach the ****er a lesson. :mad:

rrrr
09-25-2003, 08:21 AM
Only if the guy has money or clear property. You can file a civil suit and get a judgement. That's about the only sure way.
The judgement allows you to file liens on his home.
Let the mortgage holder know about the lien, they may force him to pay it or call in his loan. Also contact the IRS and they will attach his tax refund.
The judgement will also go on his retail credit report, and he won't be able to get car loans, etc.
Unfortunately you will need a lawyer to do this, it sucks to spend money to get what's owed you. The only way it makes sense is if the guy has the assets to attach. The court should make him pay your attorney's fees.
Guys, in Texas a contractor has a maximum of 6 months to file a mechanic's lien, and that's if you are a GC. Subs only get 90 days. Always protect your mechanic's lien rights. If they don't like it, **** 'em. You prolly wouldn't do business with them again anyway.
[ September 25, 2003, 09:26 AM: Message edited by: rrrr ]

NastyOne
09-25-2003, 08:22 AM
His company is pretty big so I am sure he doesnt just start jobs without a contract.
I will see if he already had someone send out letters.
As far as burnning his house down. Good idea! I would like to break that ****ers legs. I dont work for my grandpa anymore so I could maybe get away with it :D

THE VIKING
09-25-2003, 08:38 AM
Well dude, I paint houses and shit too, only in Denmark, and i meet ****ers like the one your grandpa have met too.
The best way, in my opinion is to wait till he has invitet some people over, and then ring his bell, to talk about his debt in a loud voice,
Otherwise i have had some success with simply stressing people.
In other words, stress the ****er, make him feel unsafe, Never, and i mean never, threaten him.
The art of the game is to anoy him, stress him, while you look like a member of the jehovas witness,( you know, the stupid smile)!!!! sooner or later he will give in and pay up or make an arrangement about paying in rates.
I have had my company for 6 years and have not been cheatet yet, and yes i have had my battles, but i win- every time.
My accountant usually asks me how i do it, and i always reply, You don't wanna know.
Do it the viking way-the only sure way.
I hope you make him pay up
The viking.

Dave C
09-25-2003, 08:54 AM
Maybe their a flake so threaten to sue him, maybe they will settle, especially if they have a contract. If they don't, sue them and get a judgement.
Does your G-pa have his SS#? Go to the county and pull up his fictitious business license and see what info you can get on them.
BTW, the statute of limitations to file a lawsuit is one year. So get cracking.
I like Viking's idea. Stress but never physicallly threaten.
[ September 25, 2003, 09:55 AM: Message edited by: Dave C ]

rvrtoy
09-25-2003, 09:00 AM
What is his reasoning for non payment. Was the job not completed to the clients satisfaction? I hired a contractor to paint my house while I was on vacation. When I returned home I noticed my house was medium grey...not white. The contractor offered to re paint or leave the house the wrong color and not collect any payment.

THE VIKING
09-25-2003, 09:16 AM
O.k., i will have to add to my reply that i am about two meters of hight 110 kilos, and actually look like a viking!!!!, that sometimes helps out toooo.
But never threaten anyone, there's a law against that, not against being anoying.
The viking.

hot_diggity_dog
09-25-2003, 09:26 AM
I had a plumbing contractor handle a situation like this.
He walks into their office, complete with overalls and all grubby looking. He blows right by the reception who is telling him to stop and proceeds right into Mr. Biggs office. wink
He lets the Muther F#@%@%ker know that he has lost his house, his wife, his kids, and his business over this and has nothing to loose. He pulls out a gun and tells him to call his controller and cut him a check right F%%@king now. eek! :D
Well the guy makes the call the whole time shaking and stuttering and pay's him. wink
What a puss, has the balls to not pay him, but when his balls are on the line he just gives in and pay's the man for the work he completed and was entitled too. :mad:
Think about this, Construction is the only business that you do all of the work 1st and then hope you get paid, on top of that they hold your profits for months as retention. :mad:
This is not how I would handle it, but was a funny true story I thought I would share! :)
Hot (Welcome to my world) Diggity Dog :cool: