Deadbeat

[Chas]

OK. In all the years I have been doing this, I have never had this problem, but I sure do now. And if any of you can help with advice - especially if you have experience - please do so.

I have a customer who put $3000 down on a spa last year. The total was $8400 for the tub and some patio stuff.

My delivery crew delivered/set up, and then asked for the check. He told them he had set up something with us to bring in a check the following day, and they accepted that and left. (Haven't run into that many liers when it comes to us delivering something like this to a home...)

That's the last dime we have seen out of him. He keeps promising and promising, but does nothing.

I want to go repossess the tub, but I want to do it all legally of course. Don't want to take back the tub and end up getting sued by this creep.

He has told us he is trying to get a refinance - but that is the song he has sung for a year now. That's the reason I haven't turned it in to Transunion or Equifax - I didn't want it to slow down the refinance.

But now???
Suggestions?

[Shut_Down_Stranger]

I would have take action a long time ago....

COD is COD...

[drb]

If he hasn't paid you by now, he has no intention of paying you.  It's probably worth an hour of an attorney's time, which I would add on to his bill.  I wouldn't go out and play Texas cowboy on your own, unless you know a lot more about that than I do....

[Mendocino101]

Hey Chas...

I think you are going to have a hard time collecting....what is the time frame statute to legaly go after him....if it has passed I would simply go and pick up the spa......

[Tman122]

Consider the 3 grand one years rent and back a trailer in his yard!!!!

[Brewman]

Anything in your purchase agreement regarding payments?  You could always try small claims court, at least that won't cost you too much.  You'd probably get a judgement against the guy, which you may or may not be able to collect.  Which ever route you choose, good luck.    

[wmccall]

I haven't turned it in to Transunion or Equifax - I didn't want it to slow down the refinance.

But now???
Suggestions?

Speaking solely from the consumer's point of view, you have done all you can and since he started with a lie from day 1, I wouldn't worry about messing up his refiance, that may be as big a lie as the first one he told.

I have no idea about the chances of being sued are as you can sue for about anything these days.

Having no retail experience, how much is it going to cost you to repossess?  Contractors have a way of putting leans against homes for work they have been done and not been paid.  I wonder if that is an option, I know I consider my spa a home improvement.

[Gary]

Have your lawyer right him a nice letter. I have had mine do it a few times and it has always worked. After you get the money cross them off your list of customers and as a courtesy let your competitors know. That way the deadbeat will not get help from others and stiff them.

Gary

[Spatech_tuo]

I see 2 choices; you either get a lawyer involved or you get Bruno and Bugsy to stop by in the middle of the night and explain to him what your terms are. I'd probably give the lawyer route a chance first.

[Mendocino101]

I see 2 choices; you either get a lawyer involved or you get Bruno and Bugsy to stop by in the middle of the night and explain to him what your terms are. I'd probably give the lawyer route a chance first.

Now wheres the fun in that....Bruno and Bugsy would be far more interesting as well, as being more effective.....

[jaw]

Personally,

I would show up one day, with a dolly, 2 people and a tape measure, preferrably a Saturday.

And just walk around taking measurements.

When the homeowner comes out to ask what is going on, you explain that you are repossessing what is yours as it has not been paid for, and either do this, or give the fellow say til COB the next Monday to give you a Certified check - or CC for the outstanding balance, + legitimate interest.

You get what is yours, either in cash or the tub and you get to make him wet himself.

Oh yea, then you recommend he try out a tub from Colorado.  Perhaps they deserve each other.

[Spa_Tech]

Not that I should be telling anyone how to run their business... But you asked...

First, I would have a no nonsence policy in place. Id make it clear that the balance is to be paid upon delivery. My delivery crew would have explicit instructions to load the spa back up reguardless of circumstances or stories if payment in full is not presented on delivery.

The fact the spa has been in this persons yard for a year presents a problem though. There is no doubt at this juncture that if you attempt to repossess your property, the deadbeat is going to make trouble over it.

In this situation I would have a letter drafted by an attorney sent by certified mail outling what actions youre prepared to take and a timetable of when the actions will be taken.

By law, you cant simply go to the deadbeats house, enter his yard, and take your property out. This would be trespassing (PC 602.8 ) as well as burglary (PC 460) if you must enter the house to access your property without his permission. Were he to call the police, the police would no doubt tell you to leave the spa where it was and instruct you to leave or arrest you if the deadbeat requested it... even though it is your property. The job for the police in this instance isnt to mediate between you, but to protect the residents well being, even if he's in possession of property obtained by fraud.

Since the customer has not paid in full this far out, like drb, I believe he has no intention of remunerating you for your product. Simply requesting payment in full cannot repair the relationship between you and your customer so not reporting him to credit agencies only perpetuates the problem- youre not giving him any incentive to render payment and not preventing him from doing similar things to other retailers AND creditors... After sending your certified letter informing him of your impending actions, I'd send him straight to a collection agency and inform the credit reporting bureaus. Be sure to calulate what he owes you including interest for the past year of non-payment.

Repossesing the spa might take a court order with a civil standby... at least this way you will get your used spa without getting accused or theft or tresspassing.

Good luck in whatever you do Chas... I hope it works out.

[Chas]

Thanks one and all!!

I am so sure he will not have the cash by the Tuesday deadline that I am going to mail the registered letter on Monday.

[ZzTop]

Thanks one and all!!

I am so sure he will not have the cash by the Tuesday deadline that I am going to mail the registered letter on Monday.

Good plan Chas, to do something is better than doing nothing.

I hope you have given him notice to pay or forfiet the tub.

Let us know

[Electro]

Chas,

I wish you success.  Deadbeats like this guy likely cause you to have to raise prices for everyone else, to make up for the time and effort that you must put in.

Perhaps it is not practical in your case, but I'd strongly encourage you to send in Bruno and Bugsy.  I have knowledge that this approach is more successful than any other.  Also, you may have to go further with Bruno and Bugsy.  In almost every case, the broken legs usually does the trick.  Unless the culprit is badder than your Bruno and Bugsy, you'll win every time.  This is the law of the jungle.

Lawyers are a waste of time; their success depends on recalcitrant folks who are afraid of the law.  Most bad guys aren't.  They'll try to use the law against you, unless they become afraid to do so. They are afraid of someone bigger and badder than themselves, someone who will hurt them.

Hey, it's a thought!