# Contractor dont want to pay



## Getmoney54 (Jan 23, 2013)

Hi i want to ask what can i do when a contractor is not paying me what he owes . The contractor and also the owner of the company where i did my work hire me i told them that i work in three payments or two payments example half the money to start and half when finish or in three payments. So i have finish my work and the contractor hasnt pay me and i text him to tell him i need my money but he said they dont have money and said that he would give payment in a month and wants to do a payment plan ? What should i do wait for payment plan or remove my work or go to court wich takes longer ?


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## Leo G (May 12, 2005)

What does the contract say?


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## Getmoney54 (Jan 23, 2013)

He wants to pay me in payments wich i rather have him pay me in full


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## Getmoney54 (Jan 23, 2013)

The contract doesnt say in three payments but we both agree it was going to be in three and he wants to do payments so i rather remove my work !


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## woodworkbykirk (Sep 17, 2008)

whats the payment schedule state.. is it based on where your at with the install or is it 3 payments period


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## Getmoney54 (Jan 23, 2013)

No he just did the first two payments and now he owes me 4450 and wants to pay me 500 a month but i want it in full ? Should i remove my work or just do the 500 payment


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## Jaws (Dec 20, 2010)

Cant remove your work, bro. Lein his azz. If you have any signed contract of any kind, it will help.


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## Getmoney54 (Jan 23, 2013)

Yes i have signed contract and i was thinking of putting a lien on him but i dont know how i just heard i can do it .


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## Jaws (Dec 20, 2010)

Wow, bro. You a member of your local HBA? The prez in El Paso is a good guy, he will help you out. If not, go to the court house.


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## summithomeinc (Jan 3, 2011)

Jaws said:


> Cant remove your work, bro. Lein his azz. If you have any signed contract of any kind, it will help.


can't do it legally but dam I sure have wanted to a few times .


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## Jaws (Dec 20, 2010)

summithomeinc said:


> can't do it legally but dam I sure have wanted to a few times .


I have done it. Not when I was a builder, but once when I did a trim out for a scum bag spec builder.


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## summithomeinc (Jan 3, 2011)

Jaws said:


> I have done it. Not when I was a builder, but once when I did a trim out for a scum bag spec builder.


how'd that turn out for you?


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## Mountaindew (Jan 13, 2013)

You can take out a lien on the property and threaten to take him to court and contact the BBB in a nice text message. Or, go see him face to face and ask for your money. If you can't get your money in an acceptable timely manner, then follow through on your threats. When the property owner gets the lien, it usually wakes up the GC and they will make a better attempt at paying you.


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## Jaws (Dec 20, 2010)

summithomeinc said:


> how'd that turn out for you?


Worked out fine except I couldnt do much with messed up trim. He was a scum bag, he owed everyone. I was young and dumb, but I didnt get any heat. I wouldnt reccomend it all though. You could go to jail. 

Saw him a year ago at the hard ware store in his town. He was working for another scum bag. I flipped him the bird and went about my business. :thumbsup: Being a big old boy has its advantages :thumbup:


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## Jaws (Dec 20, 2010)

Mountaindew said:


> You can take out a lien on the property and threaten to take him to court and contact the BBB in a nice text message. Or, go see him face to face and ask for your money. If you can't get your money in an acceptable timely manner, then follow through on your threats. When the property owner gets the lien, it usually wakes up the GC and they will make a better attempt at paying you.


What he said :thumbsup:

What I said is for dumb azz cowboys before they grow up :whistling:laughing:


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## Getmoney54 (Jan 23, 2013)

Ok so do i just go to a courthouse and tell them i want to put a lien or where do i do that .. I never had any problems before so i really dont know what to do ..


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## summithomeinc (Jan 3, 2011)

Jaws said:


> What he said :thumbsup:
> 
> What I said is for dumb azz cowboys before they grow up :whistling:laughing:


for some reason the older I get the less patience I have and the more I wanna be a dumb azz cowboy.


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## Mountaindew (Jan 13, 2013)

That I don't know because I have never had to lien anyone. I know little about it, and the only experience I've had is when one of of subs did a job for us and the vendor he purchased materials (on his account) put the lien on the property. Our sub finished the work and we payed his vendor first and the balance of the amount due, went to the sub. He was in total agreement of our intention and is back in good grace with his vendors. I'd start at the court house information booth. Good Luck


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## rselectric1 (Sep 20, 2009)

Getmoney54 said:


> Ok so do i just go to a courthouse and tell them i want to put a lien or where do i do that .. I never had any problems before so i really dont know what to do ..


Depends. Who provided the contract? You or the other guy?

If it was the other guy then it may be one sided.

If you have set up your standard contracts correctly, and that is what what the other guy signed, there will be a section in there that says "remedies" or something similar. Just follow that and spend the few bucks on having your lawyer send a letter.

I think there is more to this story than you are telling us.


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## jamestrd (Oct 26, 2008)

Mountaindew said:


> That I don't know because I have never had to lien anyone. I know little about it, and the only experience I've had is when one of of subs did a job for us and the vendor he purchased materials (on his account) put the lien on the property. Our sub finished the work and we payed his vendor first and the balance of the amount due, went to the sub. He was in total agreement of our intention and is back in good grace with his vendors. I'd start at the court house information booth. Good Luck


I once got so angry at a client who pulled some crap on us.. We did a maintenance recoat of a floor... 

When i first met him the floor was fine. When i sent my guys there was paint specs all over.. 
They got down on their knees and scraped them.. Went for payment guy says he sees paint drop.. Wasn't paying.. 
Fast forward.. Floor was still wet and i tap danced my way from the living room into the dining room out the foyer.. 
All while cackling like a crazy man telling him.. You didn't pay me.. But now you can pay to sand them.! 

Not my proudest moment... But sure felt good... This was about 7years ago or more... Still laugh about it today!


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## jamestrd (Oct 26, 2008)

rselectric1 said:


> Depends. Who provided the contract? You or the other guy?
> 
> If it was the other guy then it may be one sided.
> 
> ...


To the OP..... Start the lein immediately... But he will not continue payments.. 

Or.. Take the payments... Court is a 50/50chance and does NOT guarantee payment.. 

You can not make someone pay... Business to business is even harder..


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## Getmoney54 (Jan 23, 2013)

I do have a contract and it was signed ... I do have family members who are lawyers but i dont like getting them involved is the process long to do a lien ... 

Btw customer where satisfied with my work just the contractor wants to pay me in payments and i want in full


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## jamestrd (Oct 26, 2008)

Getmoney54 said:


> I do have a contract and it was signed ... I do have family members who are lawyers but i dont like getting them involved is the process long to do a lien ...
> 
> Btw customer where satisfied with my work just the contractor wants to pay me in payments and i want in full


Want in one hand and crap in the other.. See which gets filled first..... 

Threaten to lien and see if it sparks payment.. If not decide from what i said.. 
If the job is still in progress the homeowner may pay you and dock the GC.. 

But then be prepared to lose his offer of 500a month.... Tough call man.. The law won't help you as much as you would like to believe...


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## Jaws (Dec 20, 2010)

summithomeinc said:


> for some reason the older I get the less patience I have and the more I wanna be a dumb azz cowboy.


I feel you. Felt good to do, but I never got my money. Kind of take that option off the table when you retrive your work.  and like I said, could go to jail.  

I would never do it now. :no:

Only other time I didnt get paid, I was 18 and building boat docks for wages. Owed me three weeks at 8 an hour. Still does. 

There were thirteen leins in place when I went to file. Didnt even bother. He ended up doing time for tax evasion. 

I have flipped him off four times. Twice at a red light, once in the lumber yard, once when he was in a restaurant with his family. The restaurant was a year or so ago. He left right after sitting down. 

It must suck to live in a small town and be a crook. Ill never know :thumbsup:


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## mrcharles (Sep 27, 2011)

In Michigan you only have a 90 day window to place your lien.


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## Ninjaframer (May 28, 2011)

Jaws said:


> I feel you. Felt good to do, but I never got my money. Kind of take that option off the table when you retrive your work.  and like I said, could go to jail.
> 
> I would never do it now. :no:
> 
> ...


Your hard core John  I couldn't flip somebody off at the restaurant in front of his wife and kids. There is no anger like the anger of having someone owe you and then stiff you though.


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## Jaws (Dec 20, 2010)

Ninjaframer said:


> Your hard core John  I couldn't flip somebody off at the restaurant in front of his wife and kids. There is no anger like the anger of having someone owe you and then stiff you though.


Hard core, my azz. I should of stomped enough chit out of him to fertalize Texas. Maybe his boys wouldnt grow up to be two bit hood rats like their dad :thumbsup:

Im too civilized. :laughing:

A hundred or so years ago, they hung theives here :thumbsup: Thats hard core


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## Jaws (Dec 20, 2010)

The more important lesson I learned is not to work for scum bags


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## Jaws (Dec 20, 2010)

mrcharles said:


> In Michigan you only have a 90 day window to place your lien.


Here too


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## thom (Nov 3, 2006)

Twice I've liened then followed through foreclosure (a trial) then collected. One time I collected the money, one time I collected the house. Figure 2 years if things go fast but probably more like 3 years. Lots of lawyer money too.

On a handful of occasions I've threatened to kill people. That worked to, saved me a whole lot of lawyer money, a lot of time, and a lot of grief. They must believe you will follow through.


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## Jaws (Dec 20, 2010)

thom said:


> Twice I've liened then followed through foreclosure (a trial) then collected. One time I collected the money, one time I collected the house. Figure 2 years if things go fast but probably more like 3 years. Lots of lawyer money too.
> 
> On a handful of occasions I've threatened to kill people. That worked to, saved me a whole lot of lawyer money, a lot of time, and a lot of grief. They must believe you will follow through.


:thumbsup:


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## Jaws (Dec 20, 2010)

Went a little "off reservation" last night, guys. I apologize if anyones sensibilities were injured :laughing:

My wife was out of town with the little one last night, I reverted back to bachelor status. Cooked some chicken on the grill, drank to many beers and spoke my mind :no::laughing:

Be a business man, file the lein and find some good people to work for.


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## mrcharles (Sep 27, 2011)

thom said:


> Twice I've liened then followed through foreclosure (a trial) then collected. One time I collected the money, one time I collected the house. Figure 2 years if things go fast but probably more like 3 years. Lots of lawyer money too.
> 
> On a handful of occasions I've threatened to kill people. That worked to, saved me a whole lot of lawyer money, a lot of time, and a lot of grief. They must believe you will follow through.





Yeah that's a felony


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## EthanB (Sep 28, 2011)

OP, please clarify for us. Does the contract state that he will pay you in two payments, three payments, or two payments and then monthly payments of $500?

If he's following the contract then just wait it out and fix your contract next time. If he's breaking the contract then listen to above advice or explain to him that you expect final payment or you will be going to the customer first, then the court. He might not want the customer to know they are getting a lien thanks to the him.


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## Jaws (Dec 20, 2010)

mrcharles said:


> Yeah that's a felony


Not paying your bills should be too. 

Doubt Thom gives much of a chit , seems to of worked out. :thumbsup:

Like I said, a business man should handle it as such, but I have 0 sympathy for a POS who doesnt pay his bills. Especially wages to a man who worked hard for them.


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## Shellbuilder (May 14, 2006)

Probably offered the monthly to avoid the lien. Could also be a planned bankruptcy. Offer monthly , bail out and no misappropriation of funds (fraud) charges. Once you accept monthly payments, technically you are paid and you assume the risk to collect jus like a credit card company.


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## black95gt (Nov 25, 2012)

Jaws said:


> Cant remove your work, bro. Lein his azz. If you have any signed contract of any kind, it will help.


Not doubting you but sure seems like some BS that you cant go in and remove your work if you dont get paid. Doesnt take many missed payments for a lienholder on a vehicle or a home to come repo the property!

Liens do work, especially when it comes time to sell the property. We had a developer owe us $40k for Engineering and Design work extras that the developer had us do. Developer tried saying that the extra work wasn't bound by the contract. We had our "extras or change orders" clause in the contract with several emails to back up the extras authorized by the developer. It took about 8 months before we were paid after the courts put a lien on the property. The developer started selling lots and couldnt close until the lien was settled. Developer came back to us trying to negotiate a settlement. We pretty much laughed at him and said "we will take the fulll $40k owed to us...cash or check only though! " :laughing:


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## Mud Master (Feb 26, 2007)

You can repossess a bed.

You can repossess a car. 

You cannot reposess (I.e. tear out) any attached material. 

Can't sheetrock a house, not get paid and than rip it out, legally. It becomes a permanent fixture and is "un-reposessable".

In the eyes of the law at least.


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## Leo G (May 12, 2005)

So if I screw my truck to my house they can't repossess it? :laughing:


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## John Wayne (Jan 23, 2013)

I would put a lien on the property and bring him to court ASAP! I would simply tell him what you are going to do and proceed. He may respond quicker or he will file bankruptcy because that is what he was going to do anyways.

Good Luck!
Joe


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## jamestrd (Oct 26, 2008)

Shellbuilder said:


> Probably offered the monthly to avoid the lien. Could also be a planned bankruptcy. Offer monthly , bail out and no misappropriation of funds (fraud) charges. Once you accept monthly payments, technically you are paid and you assume the risk to collect jus like a credit card company.


My thoughts were bankruptcy..had the same stall tactic done to me...but bottomline..he can try to collect all he wants..he will get nothing if theres bankruptcy


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## Mountaindew (Jan 13, 2013)

Leo G said:


> So if I screw my truck to my house they can't repossess it? :laughing:


Yes they can! You're screwed!


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## Leo G (May 12, 2005)

Nah. I own my truck.

Now I gotta figure out how to fix this screw hole in my truck and house siding. :sad:


:laughing:


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## Leo G (May 12, 2005)

jamestrd said:


> My thoughts were bankruptcy..had the same stall tactic done to me...but bottomline..he can try to collect all he wants..he will get nothing if theres bankruptcy


If you have a lien active before he files for bankruptcy, then you will at least be in line when the creditors are paid off (you being one of them). If you don't have the lien in, then you will get nothing.


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## Calidecks (Nov 19, 2011)

mrcharles said:


> Yeah that's a felony


Only if it doesn't work


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## Calidecks (Nov 19, 2011)

Sometimes the courts will want to see your method of collecting. Some judges frown on improper paperwork. They want to see where you sent him an invoice then a second invoice then a late notice and possibly a second late notice. Sounds like B.S. but it happened to another contractor friend of mine. He tried to sue for his money and the judge through it out because he didn't send out proper late notifications.


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## Calidecks (Nov 19, 2011)

jamestrd said:


> My thoughts were bankruptcy..had the same stall tactic done to me...but bottomline..he can try to collect all he wants..he will get nothing if theres bankruptcy


He will get his money from the sale of the property regardless of bankruptcy, if he liens. That property is worth money and it is now owned partially by all lien holders.


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## kiteman (Apr 18, 2012)

Jaws said:


> Went a little "off reservation" last night, guys. I apologize if anyones sensibilities were injured :laughing:
> 
> My wife was out of town with the little one last night, I reverted back to bachelor status. Cooked some chicken on the grill, drank to many beers and spoke my mind :no::laughing:


That seems to be happening a lot lately.:whistling

Why, I remember a night just last week.........:laughing:


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## cabinetsnj (Jun 10, 2012)

Mountaindew said:


> You can take out a lien on the property and threaten to take him to court and contact the BBB in a nice text message. Or, go see him face to face and ask for your money. If you can't get your money in an acceptable timely manner, then follow through on your threats. When the property owner gets the lien, it usually wakes up the GC and they will make a better attempt at paying you.


Putting a lien on the property is the way to go. Tell the contractor that you will take out a lien if you do not receive full payment by a certain date.


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## jamestrd (Oct 26, 2008)

Californiadecks said:


> He will get his money from the sale of the property regardless of bankruptcy, if he liens. That property is worth money and it is now owned partially by all lien holders.


No way...banks.come.first..they will strip that lein so fast your head will spin.....mortgahe holders will sue fornyour rempval....i know because i am going thru it now..if.the value is there then maybe..but highly unlikely xyz constriction will see a dime


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## Calidecks (Nov 19, 2011)

jamestrd said:


> No way...banks.come.first..they will strip that lein so fast your head will spin.....mortgahe holders will sue fornyour rempval....i know because i am going thru it now..if.the value is there then maybe..but highly unlikely xyz constriction will see a dime


Tie it up in Court, and let's see, a bank needs a judge to erase a lien, they can't do that on there own.


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## toluene_hawk (Jan 7, 2013)

http://wiki.answers.com/Q/How_do_you_apply_for_a_lien


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## Mud Master (Feb 26, 2007)

Leo G said:


> So if I screw my truck to my house they can't repossess it? :laughing:


You could try...

But than it may be considered a mobile home.


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## Shellbuilder (May 14, 2006)

If its new construction the lien will needed to be bonded before money flows to the GC. If its remodel, the owner will probably fire the Gc and your moneys tied up anyway. In Va. you would be at risk for being sued by the owner for punitive damages from screwing with their credit. Your GC may have met the crackman and blew the money to pay you and a whole lot of others. Thats not really the owners fault (sorta).


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## Jaws (Dec 20, 2010)

kiteman said:


> That seems to be happening a lot lately.:whistling
> 
> Why, I remember a night just last week.........:laughing:


Anytime she isnt here :laughing:

Being a bachelor a couple times a year is OK. :laughing: 

Although a bit depressing to be exited to be able to have ESPN on all night, while checking CT , eating meat with no sides other than beer. :laughing:


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## Calidecks (Nov 19, 2011)

Shellbuilder said:


> If its new construction the lien will needed to be bonded before money flows to the GC. If its remodel, the owner will probably fire the Gc and your moneys tied up anyway. In Va. you would be at risk for being sued by the owner for punitive damages from screwing with their credit. Your GC may have met the crackman and blew the money to pay you and a whole lot of others. Thats not really the owners fault (sorta).


In california it doesnt matter what the gc did. If a sub properly sent his prelims. The ho owes even if they payed the gc in full. That is if the gc failed to pay the sub.


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## jamestrd (Oct 26, 2008)

Shellbuilder said:


> If its new construction the lien will needed to be bonded before money flows to the GC. If its remodel, the owner will probably fire the Gc and your moneys tied up anyway. In Va. you would be at risk for being sued by the owner for punitive damages from screwing with their credit. Your GC may have met the crackman and blew the money to pay you and a whole lot of others. Thats not really the owners fault (sorta).


In NJ the HO is nit obligated to pay u if they paid the GC or whoever contracted the job...its a no double pay law...but if they didn't then all's fair ...you can still use the threat..it worked for me once
In


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## Shellbuilder (May 14, 2006)

Californiadecks said:


> In california it doesnt matter what the gc did. If a sub properly sent his prelims. The ho owes even if they payed the gc in full. That is if the gc failed to pay the sub.


Very few remodels have lien agents unless the construction money is stage funded . Therefore there would be no prelims (we call them lien notices that need filed 30 days from start date of work) 
It really depends on where the money comes from and if a title co. is involved. If title company settles the liens, then bet your butt youll see .10 on a dollar if theres real trouble.


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## ArtisanRemod (Dec 25, 2012)

Asking how to collect money on a contractor website is like asking your lawyer to frame your house.


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## ohiohomedoctor (Dec 26, 2010)

ArtisanRemod said:


> Asking how to collect money on a contractor website is like asking your lawyer to frame your house.


Id agree to a point. Over the last couple of years I have read some very interesting collection proposals here. Contractors are crafty by nature.. :devil:


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