Success through small claims?

[FiveMajiks]

I had done a job for a lady in June, pretty big job. When I finished it was getting later in the evening so I decided to stop by with the bill the following morning. When I got there the next day, she was acting all out of sorts claiming that her savings had been stolen from her safe and that she wouldn’t be able to pay me! She had called the police who called me a couple days later. To date, no progress has been made in that avenue. I left two messages for the investigator working the case with no response. Through talking to him the first time it seemed he may have assumed the same as I, that it was a tactic to get out of paying.
I served her through small claims two weeks ago and have heard nothing yet. If there’s no response within another two weeks, I will be assumed the party at loss to be compensated. My question is, what happens if she just refuses to pay still? Has anyone been faced with this situation and how was it resolved?

 

[SJD]

Some years ago, I did some work for a firm of solicitors who kept stalling to pay, excuses like the person to authorise payment was out of the country etc. Eventually I raised a small claims, incl. my costs, which was not contested. They still did not pay. After the suitable time had elasped, I instructed the court baliffs - at which point they paid the baliffs immediately, and I got my money a couple of weeks later. The baliffs costs get added to the amount collected.

 

[mainline]

Some years ago, I did some work for a firm of solicitors who kept stalling to pay, excuses like the person to authorise payment was out of the country etc. Eventually I raised a small claims, incl. my costs, which was not contested. They still did not pay. After the suitable time had elasped, I instructed the court baliffs - at which point they paid the baliffs immediately, and I got my money a couple of weeks later. The baliffs costs get added to the amount collected.

Maybe a bit different in Canada.

 

[Baddegg]

Op appears to be in Canada so could be completely different process over there….nice job tho @SJD always good to here a success story

 

[FiveMajiks]

I should’ve included that I’m in Canada. I agree, congrats @SJD Happy for your outcome!

Op appears to be in Canada so could be completely different process over there….nice job tho @SJD always good to here a success stor

 

[Megawatt]

I had done a job for a lady in June, pretty big job. When I finished it was getting later in the evening so I decided to stop by with the bill the following morning. When I got there the next day, she was acting all out of sorts claiming that her savings had been stolen from her safe and that she wouldn’t be able to pay me! She had called the police who called me a couple days later. To date, no progress has been made in that avenue. I left two messages for the investigator working the case with no response. Through talking to him the first time it seemed he may have assumed the same as I, that it was a tactic to get out of paying.
I served her through small claims two weeks ago and have heard nothing yet. If there’s no response within another two weeks, I will be assumed the party at loss to be compensated. My question is, what happens if she just refuses to pay still? Has anyone been faced with this situation and how was it resolved?

You can always put a lien on her property.

 

[FiveMajiks]

You can always put a lien on her property.

Is that a possibility here? I would hope it not get to that point. This is one stubborn old grouch of a lady, I have a hard time thinking she’ll pay up.

 

[Megawatt]

Is that a possibility here? I would hope it not get to that point. This is one stubborn old grouch of a lady, I have a hard time thinking she’ll pay up.

I’m not sure about Canada but in the US if someone didn’t pay me then I can put a Lien on the property that I’m working on.

 

[Midwest]

What does that do, just curious.

 

[littlespark]

What does that do, just curious.

Possibly the same thing happens here.
It can stop the owner from selling a property if she tries.

My own success story… Scotland, so not the same as England again.
5 years ago, non payer. It’s taking me all this time to get a solicitor to take it to court, and have the woman’s wages arrested.
If you can be patient with it, it’ll be worth doing. There are time frames built into the process… so you feel like giving up half the time..

The Canada legal system must have something in place for this… so speaking to a lawyer would be my first suggestion.

 

[Julie.]

Is that a possibility here? I would hope it not get to that point. This is one stubborn old grouch of a lady, I have a hard time thinking she’ll pay up.

I very much doubt it.

The USA is the only place that uses the term lien in that way as far as I know.

The rest of the world tends to recognise the Latin etymology - a bond or bind with the agreement from the lienee.

So it tends to be applied only in cases where the lienor has an immutable right (for example the mortgage company, or land owner) general debts, or historical loans can't usually result in a lien.

There are other things that can be done, and it depends on the debt, and of course the country.

In the uk, generally you use the court to establish the debt under law, once that is done (small claims or other court claim ) then you can enforce the debt, most times this is a simple step after the court ruling - private or public debt collectors (bailiff) if they are refused access they will apply for a warrant of control, so they can enter and seize goods anyhow. Then there is a whole host of actions up to making the person bankrupt you can do.

In the uk (and most of the world) the debt has to established under law before you can forcably take goods or apply for a third party debt order (which usually arrests monies from their wages, or mortgage, or bank accounts etc - but not a pension btw)

In the US, if you want to you can pretty much just file a lien request with the court clerk, pay your fee, and you're done. There isn't necessarily the rigour in establishing the truth of the debt.

 

[buzzlightyear]

You do get some customers don't like paying and try it on, you need to take a crow bar just to prize their hand open to get paid.

 

[Mike Johnson]

A very large building company I had as a client, did not play around and would Sequestered a clients account if they needed to.

I would just send around my uncle Dwayne.

 

[Diddy]

I had it once and went round with my baseball bat. Old git took it off me and beat the daylights out of me....
Sorry couldn't resist. I have only ever been knocked once. It was for about £150 which wasn't the full bill just the outstanding. I was actually going to just ccj him out of principal BUT it turned out he was a pretty big-time local cocaine dealer and after giving it some thought I put it down to experience.
There is always a line though and if it had been an amount that was going to hurt me then I most definitely would have proceeded through the English court system and at the very least messed his credit history up. If it was actually up in Scotland where im from then I would have simply sold the debt to a "friend" who "enjoys" collecting debts lol.
I actually like the USA's system where you can at least put a charge on the property which as far as im aware doesn't prevent the sale but it does take the money owed to the contractor off BEFORE the seller gets their grubby hands on the rest. Far too many contractors in the UK end up simply unpaid with very little in the way of recourse, Even worse when you do work for a limited company and they simply refuse to pay and then close the company down and restart the next week under a different name and there is very little anyone can do about it. I have seen good small companies go bust due to these sharp practices and sadly good workers lose their homes simply because the law allows it to go on.

 

[7029 dave]

I had it once and went round with my baseball bat. Old git took it off me and beat the daylights out of me....
Sorry couldn't resist. I have only ever been knocked once. It was for about £150 which wasn't the full bill just the outstanding. I was actually going to just ccj him out of principal BUT it turned out he was a pretty big-time local cocaine dealer and after giving it some thought I put it down to experience.
There is always a line though and if it had been an amount that was going to hurt me then I most definitely would have proceeded through the English court system and at the very least messed his credit history up. If it was actually up in Scotland where im from then I would have simply sold the debt to a "friend" who "enjoys" collecting debts lol.
I actually like the USA's system where you can at least put a charge on the property which as far as im aware doesn't prevent the sale but it does take the money owed to the contractor off BEFORE the seller gets their grubby hands on the rest. Far too many contractors in the UK end up simply unpaid with very little in the way of recourse, Even worse when you do work for a limited company and they simply refuse to pay and then close the company down and restart the next week under a different name and there is very little anyone can do about it. I have seen good small companies go bust due to these sharp practices and sadly good workers lose their homes simply because the law allows it to go on.

That scum bag would not have let you off even for a pound (watched too many gang land films)

 

[Diddy]

That scum bag would not have let you off even for a pound (watched too many gang land films)

Mate it's all about the risk assessment. I was not going to risk "trouble" for £150. Now add a couple of zero's and then it would be "on" lol. As it happens I was just at the end of a long list of trades he did that too. It must have been almost like a little kick he got out of it. There was a few ways I could have got "even" but again it was £150...im certainly not going to be informing the old bill of his source of income for that kind of debt, Im not paying for my old friends from my home town in Scotland to come for a holiday for that bill...and im certainly not going to court for £150 for that bill for THAT guy, He was/is a nasty piece of work and the only way to take him down would have been option one or two...You learn things in life and one thing I learnt was if you go up against certain types of people you best make dam sure you finish them off because they WILL come back if you don't....Again £150 it wasn't anywhere near the pain threshold. But if Mr smith down the road tried to have me over for the same amount I would wreck his credit file without even a second thought.

 

[7029 dave]

I had it once and went round with my baseball bat. Old git took it off me and beat the daylights out of me....
Sorry couldn't resist. I have only ever been knocked once. It was for about £150 which wasn't the full bill just the outstanding. I was actually going to just ccj him out of principal BUT it turned out he was a pretty big-time local cocaine dealer and after giving it some thought I put it down to experience.
There is always a line though and if it had been an amount that was going to hurt me then I most definitely would have proceeded through the English court system and at the very least messed his credit history up. If it was actually up in Scotland where im from then I would have simply sold the debt to a "friend" who "enjoys" collecting debts lol.
I actually like the USA's system where you can at least put a charge on the property which as far as im aware doesn't prevent the sale but it does take the money owed to the contractor off BEFORE the seller gets their grubby hands on the rest. Far too many contractors in the UK end up simply unpaid with very little in the way of recourse, Even worse when you do work for a limited company and they simply refuse to pay and then close the company down and restart the next week under a different name and there is very little anyone can do about it. I have seen good small companies go bust due to these sharp practices and sadly good workers lose their homes simply because the law allows it to go on.

Understand, BUT did you know the kind of character you were dealing with. I hope you didnt

 

[Diddy]

Understand, BUT did you know the kind of character you were dealing with. I hope you didnt

Nope. Not until after.