Legal Advice : Non Paying Client?

[samuel]

Hi guys, just after some advice

Got a guy who is fucking me around for a payment of $130 for some stickers I made

He is from Sydney...

He has ordered stickers from me before and been a little bit late paying but he has cleared his debts with me eventually and I look after him prices wise.

I'm from Brisbane... who do I call and what do I do to set the dogs onto this fucker

Its been two months and he has been promising every week to transfer money but so far ZERO

Cheers

Nick

[driftke70]

short of not giving him the goods you cant do much more than just tell him that your going to notify the police in a certain time period. After that period call the police and let them know, at the very least a knock on his door from the boys in blue should wake him up.

[samuel]

But will they do it? I doubt it...

Where do I stand legally with an interstate letter of demand?

[driftke70]

id be trying to find someone you know who lives near him in sydney to do the job then. People always just let stuff go when they dont fear confrontation.

[samuel]

I think i'll just send a legal looking letter of demand...

I'm sick of waiting for this fucker to pay up

[debeli70]

Nick if all else fails mate I got a couple of fairly Large mates, (lets call them bazza!!) working construction over there in Sydney that for a small fee may be able to assist in your debt collection !!

[flamingheads]

I reckon email him, tell him your going to send an official "pay me by this date or else" letter and if he doesnt you will regretably be forced to inform the police who will pay him a visit. Keep a copy of the letter for hard evidence.
I reckon it'd scare him even if the cops arent willing to do anything.

[Hen is a total nutcase]

The police can do SFA. Has he broken any laws?

All you can do is send an official letter of demand, then if nothing start legal action. If it gets up in front of a magistrate then they can award you the amount and maybe expenses, then the sheriff can get involved.

That is my understanding from looking into it a while ago, though it may pay to ask any friend/acquaintance in the legal profession. Plying them with beer helps too.

But for $130 it's not worth the hassle. In Vic, starting legal procedings costs about $120. Public humiliation with a few well executed porn photochops mailed to his family/employer/minister/wife/all of the above is probably an easier way.

Hen

[stinger_007]

you could employ a 'one off' debt collection.

Most agencies (prushka etc) require a subscription, but they
do a one time only trial deal. the first demand letter is free on subscription (10% for one time deal) and if they start legal proceedings
they charge up to 35% !!! Maybe say your a looking for a new collector,
and will trial them on this job?

[us_ae86]

Sue him for the amount plus attorney/court fees in a civil court proceeding. You will win. He WILL pay a court ordered fee. Period. Do NOT however sue him for more than just those two. Such as "Hassle fee" and such. Just what he owes and court fees and filing fees.

[rick q]

man we wish sueing people was as easy as it is in the states because it isnt here

[gg004]

send someone to break his legs http://www.ae86drivingclub.com.au/forums/emoticons/biggrin.gif

[DavisJD]

us_ae86 Posted

Sue him[/b]

http://www.ae86drivingclub.com.au/forums/emoticons/laugh.gif

[us_ae86]

wow... i had no idea that the legal system was that much more difficult over there. my bad.

[Julz01]

Did he have to pay a deposit or did you make any sort of receipt for the order, because I don't think you really have any thing that you can do which will be worth perusing as it would cost more then what its worth.

[samuel]

I didn't even make him pay a deposit

I can't believe someone could fuck someone over for $130...

This has at least made me rethink a few of my procedures...

[Driftspec]

Yeah man, sad to hear such a bad story. A lot of people don't pay up, no matter the amount.

Police can't/won't do anything, no laws broken. Firstly, do up an official letter (business letterhead, signature at the bottom) informing him that this is last reminder for payment, give him say a weeks notice and tell him that legal proceedings will commence if the money has not been paid. Make sure that it sounds all official, and make it sound that even though its $130 (which, lets face it, is a fair bit of money) you aren't backing down. Make sure its a letter, not an email, as electronic documents won't stand up in legal matters. Keep a copy with you for future use.

After that, if he doesn't pay (in that case you would find out he has an 'I don't give a damn attitude') get in contact with a debt collector (shop around, some offer some good deals over others) and see what they will be willing to do. If you have all your documentation (letter, invoice, proof of work and lack of payment), that will help them no end, especially his address http://www.ae86drivingclub.com.au/forums/emoticons/biggrin.gif. At the end of it all, you will have your money.

Its a long-winded procedure, but its worth doing right to make sure you get what you are entitled. And yeah, possibly a policy of not releasing goods until money has cleared would work, especially for interstate sales. I thought you did that already though (eg with Glenns MicroEd order)?

Hope this helps mate, like I said you deserve what money is entitled to you http://www.ae86drivingclub.com.au/forums/emoticons/smile.gif

[starni_boy]

i paid for a steering wheel a while back and it was $140 worth and the fucker never sent it to me. where abouts does he live in sydney (suburb)??

[andro0o]

go to a debt collection agency, they pay you back and take the problem on themselves..

im curious as to why you sent it all to him before he paid though.. or was it a cash on delivery thing..?

[Kerryx]

short of not giving him the goods you cant do much more than just tell him that your going to notify the police in a certain time period. After that period call the police and let them know, at the very least a knock on his door from the boys in blue should wake him up.[/b]

I disagree, we had a non paying customer at work, Just get onto a debt collecting agency, You wont get all your money back but you'll get a percentage.. And you teach people like this a lesson..

[samuel]

Thanks to everyone who has replied to this thread

I sent a letter of demand today

Debt Collection Agency Next

[Driftspec]

Good work mate, hope it all ends up good for you http://www.ae86drivingclub.com.au/forums/emoticons/smile.gif

[Granto]

hope you used registered mail.

i find people take letters like that a lot more seriously when they know that you know that they got it, for some reason.

I guess when they have to SIGN that they received it, they don't exactly want to just bin it.

It's also a rather BAD idea to send some people around to recoup funds. From a legal standpoint

Bazza: I'm here for the $x for y person
Homeowner: You're trespassing, you have 15 seconds to leave
Bazza: I'm not leaving till you give me the money (as bazza's don't sound like the most intelligent bunch)
Homeowner produces his 9mm browning sidearm
Homeowner: your under arrest for trespass.
Bazza meets Bubba for the night.

Hope you get your cash. http://www.ae86drivingclub.com.au/forums/emoticons/smile.gif

Grant.

[robert nguyen]

chuck him on today tonite/ a current affair

[samuel]

Today tonight?

Are you fucking kidding

Thats gotta be the most retarded comment ever