Collecting money - REO Property Preservation Forum
 
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post #1 of 7 (permalink) Old 11-08-2012, 08:10 AM Thread Starter
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Collecting money

I'm looking for help on collecting bad debts. I've tried going to collection agencies but no luck because my claims aren't big enough for them to take on the case. I've gone to court and recieved judgements against the parties but I know they are lying on the financial disclosure statements.

Here are the details.

Party A: Deadbeat tenant that owes me for unpaid rent, damages, utilities, etc. After keeping the deposit, they owe me over $1400. Both claim to be unemployeed and hardship. I know they are lying.

Party B: I did a labor only siding job as a subcontractor. When I didn't get paid, I sent the notice of intent to file a lien to the homeowner. Very quickly afterward, within hours, I got called from the contractor and a payment plan was set up. Well, due to the payment plan, now I can't lien the homeowner and I still can't get paid. What me off is the dude rides around town on a new croch rocket but claims no ownership in any vehicles that I can lien.

Court says I can garnish wages but I have to prove they lied on the financial disclosures. Is there any way to check if someone is currently employeed? What about asset they own like vehicles, boats, motorcycles, savings accounts, any asset I could go after. I know these claims aren't huge, so I don't want to waste good money going after bad debt, but right now, I'm sick of deadbeats. Its now about the principle. If I could make their debit card get denied at Walmart until I get paid, I would.

Thanks in advance for any help



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post #2 of 7 (permalink) Old 11-08-2012, 08:39 AM
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Never forfeit your right to lien a property. Your spilling the bullets right out of your gun.
With tenants, we file the eviction, then property damage claims, then after the judgement, a citation to discover assets. When we had a lot (a lot) of rentals I would see the same landlords in court every tuesday doing the same thing. If you are familiar with your local court and judges, you can do the filings yourself and go without an attorney. Yes, it is a PIA to have to dog these people, and it takes time in most cases, but it will work. Some states have ready made Order to Pay Agreements at the courthouse that you can submit to the judge.
Credit scores are more important to people than they were was 5 years ago; some won't pay up until they try to get a car loan, a mortgage, etc, then all of a sudden our phone rings.
Check Wisconsin laws.
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post #3 of 7 (permalink) Old 11-08-2012, 08:57 AM Thread Starter
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Originally Posted by GTX63 View Post
Never forfeit your right to lien a property. Your spilling the bullets right out of your gun.
With tenants, we file the eviction, then property damage claims, then after the judgement, a citation to discover assets. When we had a lot (a lot) of rentals I would see the same landlords in court every tuesday doing the same thing. If you are familiar with your local court and judges, you can do the filings yourself and go without an attorney. Yes, it is a PIA to have to dog these people, and it takes time in most cases, but it will work. Some states have ready made Order to Pay Agreements at the courthouse that you can submit to the judge.
Credit scores are more important to people than they were was 5 years ago; some won't pay up until they try to get a car loan, a mortgage, etc, then all of a sudden our phone rings.
Check Wisconsin laws.
I will never make the lien mistake again. I'll go after the homeowner, not the GC. Then the homeowner can fight with the GC they hired.

I did all the fillings, got the judgements, was told to docket the case and I did. Now I'm told unless I can get employment information or prove they lied on the financial disclosure, there isn't much left for me to do. When they "claim" hardship, the WI courts side with the deadbeats.

I will call the clerk of courts and find out if Wisconsin has an Order to Pay Agreement. I was told that "Docketing" means sending the information to the credit reporting agencies.

Thanks for the info



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post #4 of 7 (permalink) Old 11-08-2012, 09:16 AM
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I'm not an attorney, don't play one on tv, but have stayed at a holiday in express. Someone may come on later to explain Wisconsin law better than I; however, from a purely personal point of view, if he breached the contract, I would go ahead a send another intent to file with the homeowner. What is the worse that can happen? You get ignored? Best case is the HO calls the GC again and really po'd this time, who tells him you can't do anything because of the agreement, which makes him look like a douche. Put your cell # on the letter, so the HO can contact you. Chances are, when he realizes you are getting screwed, money may come from somewhere. When the law leans in the direction of the deadbeat, you have to be creative and willing to be a PIA to anyone and everyone involved until you get your money.
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post #5 of 7 (permalink) Old 11-08-2012, 04:15 PM
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Did you sign a release of lien wavier???? The law is setup to protect the subs more than the GC. As a sub if you have a signed contract with him that you shows the scope and work and he signed it with his license number on it you can lien the property if he didn't pay you. You just need a sign contract from the GC.

If you signed a release of lien wavier your screwed. Is the GC a licensed contractor or just somebody calling themselves a GC??

If they are licensed just call your state licensing beaura and they will pull his license and he will have to go in front of the builders board.
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post #6 of 7 (permalink) Old 11-08-2012, 07:41 PM
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I feel your pain bro.

I'm out around $2500 this year alone because of worthless lying SOBs.

Professionals are people who can do their job when they don't feel like it.
Amateurs are people that can't do their job even when they do feel like it.
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post #7 of 7 (permalink) Old 12-29-2012, 03:45 AM
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I too am not an attorney, but I did play one in a high-school Perry Mason Spoof.

Did you ever get paid?

If not here are some possibilities:

File and Lien against the GC's business assets for breaching the payment agreement? Check with an attorney or email your states Attorney General and ask them.

File complaints with chamber of commerce, bbb, etc.
Google the GC and find associations they belong to and file ethics complaints, find any resource sites the GC is listed on and post your experience with the GC.

Just be 100% truthful in what you post and only post what you have documents to back up in case they try to file against you for wrecking (exposing) their "Reputation".

Even if you never get paid, just maybe, you can help someone else avoid being taken on a pickle ride.
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