getting serious about collecting

[Wimblees@AOL.COM]

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In a message dated 6/29/01 2:23:24 PM Central Daylight Time, 
grandrestorations@yahoo.com writes:


> 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).  

Perhaps it might not be legal to put the organ, (piano) back on the truck 
after it is put in the house. But I bet if you started doing that, unless the 
customer is a lawyer, most people would not know you're not allowed to do it, 
and would not want their instrument gone. Therefore, they will most likely 
come up with a solution. Perhaps give you a post dated check, or whatever. 
The point is, if you did something that will solve the problem, it's better 
than just walking away without the money. 


> 
> 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. 
> 

I collect half up front, with the balance due upon completion. (see next 
paragraph). Obviously, in your situation, having the customer come your shop 
was not an option. 

> 
> 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?  

Up until the debacle I mentioned, all I had on my rebuilding contract was 
that the balance was due upon completion. This customer's definition of 
"completion" and mine were obviously different. As my lawyer once told me, 
any contract between two people is legal. The problems come when the two 
people disagree on the interpretation of the language of the contract. 

Since then, I have very implicit terms on the back side of the rebuilding 
contract. If you, or anyone else is interested, I'll post them. Included are 
how and when payments are to be made and what happens when payments are not 
made, including storage fees and interest. 

Willem 




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