 Lauren Pritchard |
Missing Customer I have a customer who ordered a some what large senior portrait order. They paid for half up front. When I called to tell them their order was complete, their phone was disconnected. I have mailed them a letter regarding their order and balance that still remains. Nothing. I emailed. Nothing. It has been 3 months. I assume that the senior is about to graduate in May. What can I do? They still owe me money. Any help would be appreciated. Thanks.
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Debby A. Tabb |
Lauren, This happens all the time! So any time a order is not paid in full before the order is print you stan a chance in these things happening. They have not picked up the order so there is no small claims case for court to retain your monies. All you can do is file the order and hope for the best. Hopefully you made money and this was not a free job you had done. Good luck to you, Debby
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Mark Feldstein |
I'm going to assume you had a SIGNED written contract with these folks indicating the deposit amount, total amount due on completion of the order, and estimated date the order would be ready for pick up. Right? If so, you're kind of in luck. You actually CAN take them to small claims court in the jurisdiction where they said they lived at the time everyone signed the contract. You claim "Complaint on an Open Book Account" or "Breach of Written Contract" and sue them for the balance due plus costs of the suit including filing and service of process fees. Try to have them served at their last known address. Ideally, you could serve them at their new address if they have one or maybe their phone number was changed for creditors calling them. If you can't serve them, ask the court to enter a default judgement against them. There are procedures for that. Talk to a small claims advisor with the court who can tell you what they are. If they get served and don't show, default them, have the judgement entered. Renew it every 5 years or so (in California and Illinois) to keep it enforceable. Then when they come up on the credit report radar screen with a new address, drop the hammer on them, serve them with the default judgement, a Notice of Taking Examination of a Judgement Debtor, and Notice of Garnishment for their wages, bank accounts, stocks, trust funds, inheritance, the earnings of their childrens children, and leave no relative unturned. If you didn't get a written contract, you're pretty much out of luck but then you should have lost nothing but your profits rather than the fees for prints. Live and learn. ;>) And remember: BP photo is generally not a good place to get legal advice (although these procedures are pretty uniform throuhout the U.S. Best thing to do is talk to the legal procedures advisor at the local small claims court. In California, it's located in your local courthouse and now a division of the Superior Court. Mileage may vary.
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Chris H. Ludwick |
Ugh, been there done that in my earlier days. Back when I was only asking for 1/2 down on weddings I had a customer not pay the balance. At least I didn't give them there order yet, but I was still out alot of money. So like Mark mentioned I filed a claim at small claims court. The sheriff knocked on their door and thats all it took, they were over the same day to pay. It never got to court.
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