The Regional I'm working for say's they can't pay - REO Property Preservation Forum
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post #1 of 15 (permalink) Old 01-11-2013, 10:29 AM Thread Starter
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The Regional I'm working for say's they can't pay

Hey guys I need some of your sage advice on how to proceed here. I have worked for A company for a few months now and was scheduled (according to their set pay schedule) to recieve payment for some work we completed in Nov. This morning I received this email in response to an inquiry about why I haven't been paid.

I researched your orders and see that you have two orders that were invoiced during this period of time that were not paid to you:Both of these have not been paid by the client yet and that is why you have not been paid on these. Our system is set up in such a way that we cannot payout on work orders until we have been paid. Unfortunately these things happen with our clients from time to time, which in turn puts our vendors in a "bad" spot - which we understand and try to rectify ASAP. We have put in a call and email to the client to find out what the delay has been with these two orders and once we hear back from them we will advise you on payment.

As soon as we hear back from them we will issue you a payment - but we just need to ensure that this job passed their Quality Control (which I am sure it did).

We understand how frustrating this can be and I assure you we are doing all in our power to correct this for you as soon as possible. As soon as they confirm that they received payment on these jobs, we will issue a payment to you.

Please help
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post #2 of 15 (permalink) Old 01-11-2013, 11:08 AM
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Your contract is not with their client...It is with them...

Send a letter of demand and CC the client on it...
There are a few posts on this subject in the NPPG Daily Update thread.

But you will need to start the paper trail ASAP...

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post #3 of 15 (permalink) Old 01-11-2013, 01:11 PM
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The old "You'll get paid when I get paid" story. My response to the customer has always been that it is a "You" problem, and I am not a finance company.Check your contract and see if there is any language regarding defaults by the primary client. As stated, get your notices/letters of intent written up and blow up everyones email box. They are unable to track accounts to confirm they are paid unless someone calls in? they are unable to pay vendors outside of the work order? They have no idea if the property has been Qcd? Oy...
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post #4 of 15 (permalink) Old 01-11-2013, 02:25 PM
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That is what gets me annoyed with some of these companies.
First I hope that you get your money but remember you have to read the contract, never accept a contract that states "paid when paid".
I would contact them and tell them that according to your policies, if payment is not received you have to lien the property. Don't worry about them telling you they will not give anymore work, in all honesty if you have to fight for your money it is not worth working for them.
Next, tell them that in addition to the lien, you will be contacting the client directly.
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post #5 of 15 (permalink) Old 01-11-2013, 03:11 PM Thread Starter
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Thank you all for responding.

This was the "resolution" email.

The client has stated that this order is being processed on the 1/15 check next tuesday. I have asked accounting to cut you a check once we receive payment from client. This will most likely be the end of next week. I will keep you informed of the process.

I like the idea of starting a paper trail. Should I really CC the actual client? these people owe me >$10,000 (<-- which was an ignorant newbie mistake I have had someone on this forum tell me to treat these guys like I'm giving them a line of credit. Don't over extend until you know they will pay. Too bad I was already done by the time I heard this.)I don't really want to piss them off unless it comes to that. Ya know that ole adage " you get more fly's with honey than vinegar". I have a Lawyer on retainer, but I'm concerned if I send him after my money they'll just stonewall me in court for as long as they can. I'd much rather just get paid. Right now! I'm not sure if its the case or not, but it seems my Field Op mgr Is trying to work with the client to get me paid. I read my contract and nowhere in it does it say "pay when paid" They have a set Schedule laid out in a individual file naming all the pay cycles and check cut dates. I had to sign this and send it back to them. Do you guy's really think telling them "whether or not you got paid has nothing to do with me" actually persuade them to pay me? Surely there is a better (more professional) way of wording that. "My contract states that I should get paid for X on X date and that is legally binding you have 7 days to resolve this issue yada yada whatever it needs to say..." What leverage do I have and what is the law. Do I mention my lawyer yet? What actual steps does it take to resolve this issue (I'm about to go read the sticky on the PPG as soon as I post this.)just so were clear. I am going to send out a letter of intent to state I need to collect on an overdue invoice CC the field manager accounting and the GM and also my lawyer (CLIENT?). Should I wait and see if the issue will resolve itself. I'm not concerned about not getting more work because like you said. Its not worth having to fight for my money. However if there is an easier more tactful way to just convince them to pay me I'd rather just get paid than make them pay. Ya know. P.S. I'm done with this company. Is there any hope for finding a company that runs a proper BUSINESS when it come to PP. Pays Fair, Reasonably able to work with us(vendors), No hassle in pay. I've heard go strait to the mortgage broker who is handling the foreclosure. How do I find these people?
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post #6 of 15 (permalink) Old 01-11-2013, 03:37 PM Thread Starter
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Update

Well I couldn't find the description of how to start the process for collections in the sticky. HOWEVER and I'm sure Cleanup will be glad to hear : ). I got a hit on google to some wonderful gentleman in the Prop. Pres industry who posted a youtube video to his FB page. Alladay Prop Pres and organic herbs and chile's on the 29th about what needs to be in the letter of demand. Thanks buddy. : ) I actually have a business admin. assoc. degree. Even though I know they are clearly in breach of contract. I guess what I wanted to know is experientialy what is the best way to handle and get the situation resolved. I guess the only concern I still have is am I jumping the gun by not waiting to see if the issue works itself out? Threatening lien and sending a letter of demand to the company 1 day after my check was supposed to be cut seems brash. Maybe I'm just too young and naive. I'm waiting to hear back from my lawyer, he has been in court all day. He's a personal friend of mine so he'll call me sometime this weekend if he doesn't today. Seriously though Thank all of y'all who responded its people like you guys that make this forum what it ought to be : )
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post #7 of 15 (permalink) Old 01-11-2013, 03:53 PM
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I would give them until the 15th and inquire as to the status again. Specifically I would ask when the check was going to be mailed to me. I would play nice for a time, perhaps 3 weeks, since getting paid a few weeks late is alot better than fighting for it.

Once I got my money would I stop working for them until we got we few things straight about when I got paid in relation to when they got paid.
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post #8 of 15 (permalink) Old 01-11-2013, 03:55 PM
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Quote:
Originally Posted by ACutAbove View Post
This was the "resolution" email.

The client has stated that this order is being processed on the 1/15 check next tuesday. I have asked accounting to cut you a check once we receive payment from client. This will most likely be the end of next week. I will keep you informed of the process.

I like the idea of starting a paper trail. Should I really CC the actual client? these people owe me >$10,000 (<-- which was an ignorant newbie mistake I have had someone on this forum tell me to treat these guys like I'm giving them a line of credit. Don't over extend until you know they will pay. Too bad I was already done by the time I heard this.)I don't really want to piss them off unless it comes to that. Ya know that ole adage " you get more fly's with honey than vinegar". I have a Lawyer on retainer, but I'm concerned if I send him after my money they'll just stonewall me in court for as long as they can. I'd much rather just get paid. Right now! I'm not sure if its the case or not, but it seems my Field Op mgr Is trying to work with the client to get me paid. I read my contract and nowhere in it does it say "pay when paid" They have a set Schedule laid out in a individual file naming all the pay cycles and check cut dates. I had to sign this and send it back to them. Do you guy's really think telling them "whether or not you got paid has nothing to do with me" actually persuade them to pay me? Surely there is a better (more professional) way of wording that. "My contract states that I should get paid for X on X date and that is legally binding you have 7 days to resolve this issue yada yada whatever it needs to say..." What leverage do I have and what is the law. Do I mention my lawyer yet? What actual steps does it take to resolve this issue (I'm about to go read the sticky on the PPG as soon as I post this.)just so were clear. I am going to send out a letter of intent to state I need to collect on an overdue invoice CC the field manager accounting and the GM and also my lawyer (CLIENT?). Should I wait and see if the issue will resolve itself. I'm not concerned about not getting more work because like you said. Its not worth having to fight for my money. However if there is an easier more tactful way to just convince them to pay me I'd rather just get paid than make them pay. Ya know. P.S. I'm done with this company. Is there any hope for finding a company that runs a proper BUSINESS when it come to PP. Pays Fair, Reasonably able to work with us(vendors), No hassle in pay. I've heard go strait to the mortgage broker who is handling the foreclosure. How do I find these people?

Please name this SCUM BAG!

If people - regional scumbag don't have cash flow at least quarter millions to float..........please whomever you are get the [email protected] OUT - DON'T CLOGGED SEWER PIPE!
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post #9 of 15 (permalink) Old 01-11-2013, 04:39 PM
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Of course you should wait and see if "things work themselves out". By then your lien rights will have expired and the teeth will have fallen out of any leverage that you had. Name the company so others may learn from your experience and possibly save someone from a business nose dive.
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post #10 of 15 (permalink) Old 01-11-2013, 05:50 PM
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Quote:
Originally Posted by REO2Rentals View Post
Please name this SCUM BAG!

If people - regional scumbag don't have cash flow at least quarter millions to float..........please whomever you are get the [email protected] OUT - DON'T CLOGGED SEWER PIPE!
What's odd is when I was ASKED to cover multiple states, I was told I needed a $2mill LOC to qualify to float work to pay my subs before they would release that much work to us. I don't have a 2 mill or even 1 mill LOC to loan out money. We had a $100 LOC up until 2009 then when my former employer did their restructuring and selling off of assets my LOC was closed due to non use. We usually paid it off before payments were due. No big deal I thought. Then the regional program ran rampant. FTW
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