getting serious about collecting

[Brian Trout]

Hi Wim,

I have appreciated your thoughts on my dilemma as well
as the thoughts of those who have responded.  (Thanks
for not beating me up too badly.)

I don't like being the 'heavy'.  But for the $1000
that I've begged and borrowed from elsewhere to pay
for what that money was for, I will indeed be the
heavy.  Profit margins on this particular job were
pretty minimal to begin with, mostly because I wanted
to stick to my word about finishing the job I had
promised to do for them.  It would have been more cost
effective by far to simply return it undone.

You wrote:
>...don't be afraid to ask
> for the money, and be 
> prepared to take the piano, (or organ) back.

Well, I did ask for the money when I delivered it.  I
asked again a little more firmly at 4 weeks.  At 6
weeks (almost there), I'll ask in no uncertain terms
and give them a deadline by which I will seek the
assistance of an collection agency / attorney / judge.
 And if no word by 8 weeks, I guess it'll be time to
play hardball.

You said to be prepared to take the (organ) back. 
Could I rightfully do that?  It is and always was
their property.  I have performed major services to
it, but at no time was it my property.  I'm just not
clear on how legal it would be to try to repossess
something that doesn't actually belong to me.  ??? 
Now, if I haven't delivered it yet, that's another
matter.  I believe I could legally withhold delivery
for non-payment (which I will not hesitate to do in
the future).  

There are quite a number of technicians who I've
talked to that demand 1/3 payment upon receipt of the
piano (or organ), 1/3 payment during the process, and
the final 1/3 either before or upon delivery. 
Actually, that's my normal policy at this point. 
Deviations from it won't be too far as I'm not
planning to put myself out on a limb and spend the
next 2 months worth of grocery money on a piano (or
organ) that some jerk doesn't think he needs to pay me
for rebuilding. (Again!)  

(... end of tirade...)

I did wonder, though, if a customer does stiff you for
payment of services rendered and the piano is in your
possession, as in the case of a major rebuild, would
you ever have the right to sell the piano as an effort
to recover your investment?  Is that something that
anyone actually puts into a contract?  

(... calming down even more...)

Thanks to all of you who did respond.  I don't know
that this person might not respond to being "asked
nicely", he may well indeed.  Time will tell.  But
thanks for the thoughts each of you has taken the time
to send my way.  I appreciate it very much.

Best wishes,

Brian


=====
Brian Trout
Grand Restorations
3090 Gause Blvd., #202
Slidell, LA  70461
985-649-2700
GrandRestorations@yahoo.com

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