A little free advice for Business Owners and Individuals who are owed money

[Ken07AOVette]

I just got off the phone with an extremely despondent client.

I am seeing a lot of this lately, circumstances of the times.

2 years ago he did a job for a company, was a very large amount, more than the vast majority of people make in a really good year.
There were some complications, a little outside influencing power struggle, and some dispute.
The Company owing made an offer to my Client, 'take this or leave it, make us another invoice'. It was roughly half the amount owing, did not show *settled in full* or anything of the like.
My Client took it, thinking that he could revisit it at a later date. He was desperate.

Now just a very short time before the account being Statute Barred he asked us to act on his behalf.

Unfortunately I had to inform him that because there was a completed agreement to settle, that any further attempt to contact the Company owing on a now settled account could possibly end up in a harassment charge, and the account would most certainly be thrown out of court if he did not.
This was definately an agreed consent case.

If you are owed money:
NEVER offer a lesser amount without council. Whatever you offer must be the amount that will be settled on, even in it is not immediately paid. The Judges will only agree to the settlement amount if the debtor brings it up.

Unless there are massive underlying circumstances like threats to your person you can not go to the court after cashing your cheque and claim that you had no choice but to take the money that day, that you were coherced, that you were told it is this or nothing.
The Judges will always allow an unsettled account to be heard prior to litigation, pretrial results not withstanding of course.

Hope this helps a little if anyone finds themselves in a similar situation.

[Albertadiver]

Good advice Ken.

I see this with construction disputes all the time.

[wildwoods]

Good advise Ken. I just had this conversation this morning with a fellow.

Dealing with a guy who owes me $9k right now on a framing job. Black and white and he’s definitely in the wrong. Our lien laws suck so bad it’s almost not worth pursuing by the time you pay a lawyer to appear at queens bench (if it gets that far). The lawyers win and the perps don’t feel much if anything in the way of punishment.

[Ken07AOVette]

Originally Posted by wildwoods

Good advise Ken. I just had this conversation this morning with a fellow.

Dealing with a guy who owes me $9k right now on a framing job. Black and white and he’s definitely in the wrong. Our lien laws suck so bad it’s almost not worth pursuing by the time you pay a lawyer to appear at queens bench (if it gets that far). The lawyers win and the perps don’t feel much if anything in the way of punishment.

It will never go to Queen's Bench.
You don't need to hire a Lawyer, just file in Small Claims for $200 plus cost of Service; $13.50 registered mail.

If you want to know how the rest works PM me or give me your # and I will call.

[wildwoods]

Originally Posted by Ken07AOVette

It will never go to Queen's Bench.
You don't need to hire a Lawyer, just file in Small Claims for $200 plus cost of Service; $13.50 registered mail.

If you want to know how the rest works PM me or give me your # and I will call.

Really appreciate it. I might reach out if it goes any further. I’m going to try to reason with this guy one more time.

Hoping the lien threat is enough. It usually is.

[Albertadiver]

Originally Posted by wildwoods

Really appreciate it. I might reach out if it goes any further. I’m going to try to reason with this guy one more time.

Hoping the lien threat is enough. It usually is.

One thing that will really get their attention is that when the lien is filed, the property owner will do a land titles check (or they SHOULD) before making payment to a GC. If there's a lien, all financial flow stops until the lien is cleared, so usually the GC is pretty motivated to get it off the title.

[Ken07AOVette]

And sometimes they rocognize that a lien means nothing until the land is sold, and also can be removed if contested. Slippery slope at times.

[ksteed17]

Ken helped me out huge a few years ago. I was trying for months and months to collect a substantial amount with no avail. I reached out to Ken, about 15 minutes after we hung up I got a call from the business saying I would be paid in full by the end of the week and I was haha! Definitely appreciated that help.

[Albertadiver]

Originally Posted by Ken07AOVette

And sometimes they rocognize that a lien means nothing until the land is sold, and also can be removed if contested. Slippery slope at times.

If the project is being financed by a financial institution, they'll stop the monthly draws when they see the lien posted as well. They won't want to throw more money into the pot if the project is at risk.

[Albertadiver]

double post. Forum super slow today and glitchy...

[sns2]

Originally Posted by ksteed17

Ken helped me out huge a few years ago. I was trying for months and months to collect a substantial amount with no avail. I reached out to Ken, about 15 minutes after we hung up I got a call from the business saying I would be paid in full by the end of the week and I was haha! Definitely appreciated that help.

From all accounts, Ken is very good at what he does.

[Wolftrapper]

Great advice Ken.
Thanks for taking the time to share it.
Guys like you give me hope in this world!

[fordtruckin]

Hey Ken, your client wasn’t Trump was it? Bahahaha wait he’s usually the stiffing people not getting stiffed lol!

[Albertadiver]

Originally Posted by sns2

From all accounts, Ken is very good at what he does.

That. Is. Correct.

https://www.youtube.com/watch?v=Y53qeeGxmKA

[bobtodrick]

Originally Posted by Wolftrapper

Great advice Ken.
Thanks for taking the time to share it.
Guys like you give me hope in this world!

X2

[Dewey Cox]

Thanks for the advice.
For the most part I don't get stiffed out here in the country (knock on wood), just when a "restoration" company comes out of the big city.

[Grizzly Adams]

Originally Posted by wildwoods

Good advise Ken. I just had this conversation this morning with a fellow.

Dealing with a guy who owes me $9k right now on a framing job. Black and white and he’s definitely in the wrong. Our lien laws suck so bad it’s almost not worth pursuing by the time you pay a lawyer to appear at queens bench (if it gets that far). The lawyers win and the perps don’t feel much if anything in the way of punishment.

Being in the Framing business once, I hear you. All too common, that's how the big boys make their money. I always picked my clients carefully and the one time I erred, I ended up getting paid out of the performance bond. My favorite bitch about NU West, you know the people who own Sunshine Village, was the 5% they discounted for "Prompt Payment". I never even considered working for them.


Grizz

[wildwoods]

Originally Posted by Ken07AOVette

And sometimes they rocognize that a lien means nothing until the land is sold, and also can be removed if contested. Slippery slope at times.

Ya and that is fair. I’ve been on both ends of a builders lien. My biggest beef is cost for either party and lack of speed to get it done. I wish there was an expedited way to push it to a decision. I’m sure you have a few tricks up your sleeve. I’ll PM you if this guy doesn’t play ball.

I build a lot of houses and condos every year. I would say by and large the industry is pretty good. There are crooks in every corner I guess. Just gotta trust your gut and the good Lord above to avoid the bad ones.

[Stinky Buffalo]

Originally Posted by Albertadiver

That. Is. Correct.

https://www.youtube.com/watch?v=Y53qeeGxmKA

Oh MAN! Thanks for the throwback!

Best Equalizer ever.

[Dewey Cox]

...

[glen moa]

The worst part is not knowing there’s a problem until it’s gone supernova. I got that t shirt.
Good info Ken.

[Ken07AOVette]

Originally Posted by glen moa

The worst part is not knowing there’s a problem until it’s gone supernova. I got that t shirt.
Good info Ken.

I am dealing with that now. Hoooboy howdy wow!

Did anyone else hear the explosion?

[Redfrog]

I've been on both sides of this. Clients that don't pay and service providers that way over charge and then lien or go to collections. Either way it costs money to remedy.