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haydude
Member
Joined: 24 Feb 2006
Posts: 6
Location: manitoba canada
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 Posted: Thu Dec 28, 2006 5:21 pm Post subject: UNPAID Accounts? |
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I sold some hay to a guy in texas this summer. He promptly paid for his hay and then ordered more. Since he paid for first few loads i willingly sold more hay. Now the expected has happened and he does not pay.
Any suggestions as to how i should go about collection? I can use all the help i can get.
I dont want to leave this any longer,i think it gets more difficult to collect the longer you leave it ride.
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jigs
Rancher
Joined: 17 Mar 2005
Posts: 6938
Location: KANSAS
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| Posted: Thu Dec 28, 2006 5:47 pm Post subject: |
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we were out 13,000 to a guy ....sitting on 8,000 worth of bad checks......he still had the balls to come up for more hay!
we told him to send along the title to his truck and trailer. so we took it off of his hands, and now he is a cash only man......the green in hand is a lot safer than hoping the guys are honest.
take all the documentation you have of the sales and go to a lawyer.....see what avenues are available.
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Big Muddy rancher
Rancher
Joined: 10 Feb 2005
Posts: 15724
Location: Big Muddy valley
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Oldtimer
Rancher
Joined: 10 Feb 2005
Posts: 24734
Location: Northeast Montana
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| Posted: Thu Dec 28, 2006 7:00 pm Post subject: Re: UNPAID Accounts? |
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| haydude wrote: |
I sold some hay to a guy in texas this summer. He promptly paid for his hay and then ordered more. Since he paid for first few loads i willingly sold more hay. Now the expected has happened and he does not pay.
Any suggestions as to how i should go about collection? I can use all the help i can get.
I dont want to leave this any longer,i think it gets more difficult to collect the longer you leave it ride. |
I take it you delivered the hay- but didn't immediately get paid on delivery ....That means you sold it on a contract agreement- and since it curtails 2 countries and many states in between about your only hope is to get a Texas attorney and threaten to sue him...And still no guarantee of getting your money...
Or you could find a big fella named Bubba in Texas that could go visit him...
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EastTexasGal
Member
Joined: 07 Dec 2005
Posts: 466
Location: DEEPEST OF EAST TEXAS
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Steve
Rancher
Joined: 13 Feb 2005
Posts: 9677
Location: Wildwood New Jersey
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| Posted: Fri Dec 29, 2006 9:54 am Post subject: |
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Start with a phone call....non confrontional !!!...
ask how he ( or she) is doing?..be concerned,..then say the reason you called is to "resolve the bill".....
Be nice. hear thier excuses.....make faces,....roll eyes......but be nice.
2.,,, if no money....send letter.......be nice but firm.....let another not involved person read letter.....before mailing it to make sure your anger does not come out.
3. if he is nasty at any point.....let him stew, just be nice and firm....anger on your part at any point, will make him feel jjustified in not paying....
4. make a deal....can fit any where in.,,,but make sure it is only good for say,.. 15 days.....and if he puts it in writing and he signs it....you don't have to sign it remember it is his offer.....not yours....and it is only good for a few days........as some deals can come back to bite you in the behind...so make sure it is his offer...on paper....and not your offer to cut a deal on paper....!
5. if nice firm pressure fails...and you know he is not going to pay...collection....if he wrote a bad check file criminal charges...if he signed paperwork....small claims court....and liens on actual items,..equipment,..or property....
good luck.....be nice....but firm.....and no cussing!
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EastTexasGal
Member
Joined: 07 Dec 2005
Posts: 466
Location: DEEPEST OF EAST TEXAS
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| Posted: Fri Dec 29, 2006 1:32 pm Post subject: |
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Just a question Steve? but what I was told if you take any payment on a deal the person offers, that is a act of accepting the terms? This come from a lawyer that I went to on another circumstance. If you refuse to take payments of any kind then the original contract stays in tact?? just asking, because I run into this often as well and this was how I was told to handle it. He said if you do not agree with the arrangement that is being offered do not accept any money at all. Then, if you do make a deal put it in writing. I learned my lesson well on the horse deal that I wrote about. I have a contract that specifically spells out the terms for all we do now, whether it is a horse sale, cow sale, hay sale, or breeding contract. And especially with friends..thats the sad part, is that the one that got me was suppose to be a friend.
Good Luck on your collection hay dude and let us know how it comes out.
Easty
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haydude
Member
Joined: 24 Feb 2006
Posts: 6
Location: manitoba canada
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| Posted: Fri Dec 29, 2006 4:17 pm Post subject: |
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| I was thinking i would hire a collection agent and have him/her take care of it. I know i'll pay heavily for this but who cares...if i get a little its better then none.
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haydude
Member
Joined: 24 Feb 2006
Posts: 6
Location: manitoba canada
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Red Robin
Rancher
Joined: 23 Apr 2005
Posts: 4386
Location: 8 mi S.E. of Harrison, Ar.
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Steve
Rancher
Joined: 13 Feb 2005
Posts: 9677
Location: Wildwood New Jersey
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| Posted: Fri Dec 29, 2006 6:12 pm Post subject: |
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| Quote: |
| Just a question Steve? but what I was told if you take any payment on a deal the person offers, that is a act of accepting the terms? |
More then likely it would void the original deal, My point was that for the non payer to not pay again after the deal was his terms was its harder, for him to not pay, then if it was your terms......psychology more then Business law....
While I did good at business law, the scoundrals always seem to get ahead by using the law to circumvent common decency....so I try to use decency against the scoundrals....and have a fair record in collecting past due accounts.....
if your concern is that after they make the deal....pay a little then go to court to try to weasel out again.....most judges will see the crap....and order them to pay at least up to the "deal". which is better then nothing at that point....
| Quote: |
| I was thinking i would hire a collection agent and have him/her take care of it. |
while I have never used them....I feel that if that is the option you feel is left, then the amount of money left is better then nothing....
I would at least try to call the guy again....nothing to lose...or write him a letter.
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jigs
Rancher
Joined: 17 Mar 2005
Posts: 6938
Location: KANSAS
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| Posted: Fri Dec 29, 2006 7:01 pm Post subject: Re: UNPAID Accounts? |
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| Red Robin wrote: |
| Just open a Tx phone book, close your eyes and put your finger down. 9 out of 10 times you'll get your bubba. |
I have been laughing for ever after that.....
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. I have learned just because you win a judgement against someone does not mean a thing. They still pay when or if they get ready. Of course when you get in the thousands might be different, mine was under $5000 so went to small claims...never waist my money again!!! Let me know if you find out a different way..I still have a judgement for $3800 floating out there. She is still out writing hot checks and buying things she has no cash for.