Hey fella's I've got a question to bounce off you.
I have a customer who died while he was 2 months late, his family stepped in and said we'll pay the late bill and also wanted us to consider not stopping service, which we didn't. We felt bad for the family and since they wanted us to continue we just kept his house on the schedule.
Week or two go by and still no payment, time for a visit. The person at the house was a nephew or grandson in his mid 30's and he said he knew about us being there and thank you so much bla bla bla and he would tell whomever is in charge of the trust that we're getting pretty far behind $$$. He gave us a phone number to the person in charge. Phoned her and she said just a couple more weeks at most, she hasn't gotten a checkbook to take care of the finances with the house yet. So that is when waited one more week, sent another invoice and that finally rousted a partial payment.
She still sits to this day behind, she payed for the months she thinks she is entitled to pay but hasn't payed for the 2 months behind her deceased relative was before he died and she took over the estate.
I hope I am making myself clear.
I have 2 options here. I can take her to Small Claims Court and try to sue her for the remainder or I could put a Mechanics Lien on the house. For those who don't know a Notice of Mechanics lien warns the owner that you will be filing a mechanic's lien if payment is not made within 10 days. Hopefully, it will create a serious dialog for settlement. Come up with your bottom line amount to settle and be prepared to offer it if the owner is negotiating in good faith. Remember that the last thing an owner wants is a lien on their property — it jeopardizes title, interfers with their relationship with the construction lender, and prevents refinancing or sale. This notice is worded in a non-threatening manner so as to capitalize on this situation, with the owner knowing that you are required by law to file a lien within a set period of time or lose your lien rights. This I know because I'm a Realtor. My question is more estate related I want to know if the estate has to pay for the 2 months behind in payment our now deceased customer????
What's the protocol for Small Claims? Do you/can you e-file or do I have to go to the court to file? And do they in turn serve the client as a preliminary step and get payment? Or do we just go to court and bring it ON!!
Truthfully its been said on this forum many times that we aren't taken seriously as business owners because of all the little scrubs out there without licenses and legal formation. For those of us who do follow things somewhat by the book its a real crock.
Any help would be much appreciated !
Thanks
Ms. Jen
I have a customer who died while he was 2 months late, his family stepped in and said we'll pay the late bill and also wanted us to consider not stopping service, which we didn't. We felt bad for the family and since they wanted us to continue we just kept his house on the schedule.
Week or two go by and still no payment, time for a visit. The person at the house was a nephew or grandson in his mid 30's and he said he knew about us being there and thank you so much bla bla bla and he would tell whomever is in charge of the trust that we're getting pretty far behind $$$. He gave us a phone number to the person in charge. Phoned her and she said just a couple more weeks at most, she hasn't gotten a checkbook to take care of the finances with the house yet. So that is when waited one more week, sent another invoice and that finally rousted a partial payment.
She still sits to this day behind, she payed for the months she thinks she is entitled to pay but hasn't payed for the 2 months behind her deceased relative was before he died and she took over the estate.
I hope I am making myself clear.
I have 2 options here. I can take her to Small Claims Court and try to sue her for the remainder or I could put a Mechanics Lien on the house. For those who don't know a Notice of Mechanics lien warns the owner that you will be filing a mechanic's lien if payment is not made within 10 days. Hopefully, it will create a serious dialog for settlement. Come up with your bottom line amount to settle and be prepared to offer it if the owner is negotiating in good faith. Remember that the last thing an owner wants is a lien on their property — it jeopardizes title, interfers with their relationship with the construction lender, and prevents refinancing or sale. This notice is worded in a non-threatening manner so as to capitalize on this situation, with the owner knowing that you are required by law to file a lien within a set period of time or lose your lien rights. This I know because I'm a Realtor. My question is more estate related I want to know if the estate has to pay for the 2 months behind in payment our now deceased customer????
What's the protocol for Small Claims? Do you/can you e-file or do I have to go to the court to file? And do they in turn serve the client as a preliminary step and get payment? Or do we just go to court and bring it ON!!
Truthfully its been said on this forum many times that we aren't taken seriously as business owners because of all the little scrubs out there without licenses and legal formation. For those of us who do follow things somewhat by the book its a real crock.
Any help would be much appreciated !
Thanks
Ms. Jen
Comment