Scott on Writing

Musings on technical writing...

A Faint Glimmer of Hope

This is the third installment of my ongoing Small Claims Court Experience...

In my last blog entry on this topic I mentioned how, a week ago, I was about to head out and officially file the necessary paperwork when, walking out the door, I got a call from a fellow trainer's father who was a lawyer and gathering information to take this company to superior court.  Additionally, I managed to get ahold of some email addresses of past instructors, and sent out an email blast asking if any of them were in my position.  Sadly, I have since received news that an additional six instructors have done work three to nine months ago and have yet to be paid a dime or given an ounce of explanation other than the standard run-around.

Having wrapped up a project yesterday, today I had a free hour to actually head down to the city's offices and formally file the claim.  Thanks to suggestions in earlier blog entry comments and IMs/emails, I decided it wouldn't hurt to stop by this company's office with the paperwork in hand and give them one last chance to pay up before I filled the paperwork.

Unfortunately upon arriving the owner of the company, and the person I've been dealing with since the account became delinquent, wasn't in the office.  Instead, another lady helped me.  She explained that they had recently received a large check that was long overdue and had sent out partial payments to the instructors that they owed.  She said the checks were mailed out yesterday so I should be receiving them any day now, and that the other half would be coming soon after.  I huffed and puffed a little, letting her know how unprofessional her company was behaving and so on.

In the end, I didn't file the paperwork.  I decided, instead, to wait til the end of the week to see if, miraculously, a partial payment does arrive.  I think I may be being a bit to naive, taking this company's word at face value.  After all, as this person was explaining the situation to me it felt like I was listening to a pitch to buy some excellent real estate in Florida as an investment that will pay for itself ten times over.  I mean, if they had gotten this big check and were going to pay me, even a partial payment, wouldn't they email or call me to update me on the status?

The new and final deadline, then, is Friday - no check by then, and I'm heading in to file the paperwork on Tuesday the 5th.  I hope there is a partial payment in the mail... I don't want to go to court, I just want what's owed me to be paid.  Even if there is payment working its way through the mail system as I type this, though, this company needs to learn how to better communicate with those it owes money.  Not returning phone calls or answering emails, not providing those you are indebted to with any information as to the status of forthcoming payment, even if it's partial, is not acceptable.

Meh.

 A complete list of blog entries related to this topic can be found at My Small Claims Court Experience and through Going Independent category.  Your feedback is most welcome - please leave a comment or drop me a line.

posted on Wednesday, June 29, 2005 5:50 PM

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# re: A Faint Glimmer of Hope 6/29/2005 6:34 PM Ben Scheirman

You know, this really sounds like one of those Investigation shows on the local news stations, you might try contacting them and explaining the story.

A long time ago my mother was taken in by a con artist... she didn't stay naive long and did some digging. Apparently this guy was an escapee from a halfway house and had done a serious financial number on at least a dozen other women. My mom contacted a couple of these people directly, with the help of the local news station, they setup a sting operation complete with videotape, confronting the guy with ALL of the victims. The guy got sent back to prison :) It was beautiful.

But anyway, enough about me... companies don't like bad publicity, (especially so public as the evening news) so it might be another option for you.

Good luck.

# re: A Faint Glimmer of Hope 6/29/2005 9:53 PM PJ

Scott,

You should file anyway. I hate to say this, but it sounds to me like the lady fed you some BS and you bought it.

# re: A Faint Glimmer of Hope 6/30/2005 1:04 AM Scott Mitchell

PJ, you're right, I probably got duped. And I figured as much when this lady was 'explaining' the situation. However I rationalized it as it doesn't hurt to just wait a couple more days. Plus if they are lying it'll just raise my ire and fire me up even more to ensure that I carry through! :-p

# re: A Faint Glimmer of Hope 6/30/2005 6:37 AM Brian

In Georgia and Florida too, I believe, if you accept a partial payment it is considered giving credit to the debtor. Giving someone credit means you have a different route to take to win your case and get paid in full. For example if someone owes you $1,000 they send a partial payment of $20 and say they will continue to pay you as they can then you cash the $20 check. You have now granted a loan to that individual and must give them whatever legal time they are entitled to repay the loan.

My advice if you do receive the check go back to their office with the check and the legal paperwork and demand either another check to make the debt paid in full or return the check and tell them you are going to court. Again your area's laws may be different so check with someone, even the clerks office can probably answer that question.

Good luck!

# re: A Faint Glimmer of Hope 6/30/2005 10:51 AM Dave

I don't know a lot about the particulars of payments for services, and accepting partial payments. My wife is an attorney and I was discussing this with her last night.

There is a consideration that I haven't heard anyone tell you yet. If the company files for bankrutcy the creditor will get paid in the order of outstanding legal claims first. If you're on record and have a judgement against them you stand a better chance of getting paid than someone who has no judgement.

I only say this because a company who claims cash flow problems and lots of unpaid workers is a good candidate for bankruptcy protection.

# re: A Faint Glimmer of Hope 6/30/2005 3:25 PM Steve

Next time someone states that the check is in the mail, ask for the amount and the check number. If they cannot give you that information they probably are fibbing. (Unless they have electronic Bill Pay I guess)

# re: A Faint Glimmer of Hope 6/30/2005 6:14 PM Ben Strackany

I agree with PJ. If you get a check on Friday that would be great, but I wouldn't count on it.

# Screw It, I Filed the Claim 6/30/2005 7:39 PM Scott on Writing

# re: A Faint Glimmer of Hope 7/1/2005 12:39 AM Scott Mitchell

I decided to hell with it and ended up filing a claim today, see http://scottonwriting.net/sowblog/posts/4105.aspx for more info...

# Partial Payment Received 7/1/2005 11:51 PM Scott on Writing

# Screw It, I Filed the Claim 12/2/2006 2:23 AM Mirror blog entries from the industry

This is the fourth installment of my ongoing Small Claims Court Experience ... In yesterday's blog entry

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