Violin Forum/Message Board

Mat Roop · Posted: Sat Sep 22, 2012 11:37 am Post subject: First time problem $$

After 22 years in the business, I have a client refusing to pay! The refusal has nothing to do with my work, as they have not seen the final product.
The job was the restoration of a sentimental violin at a cost of $800.... They never batted an eye when I first quoted the job.
We have communicated several times since the job was complete, but they have always had an excuse to not pay up, offering to pay some and pick up the violin then pay the rest later.. (ya , right!). I have refused to release the violin until full payment, but it will be 1 year as of Dec 1, and since May they have not responded to my communication.

Question ... What are my rights or options to collect?? Can I sell the instrument? Have you had such an experience?

FiddleDoug · Member Joined: 08 Sep 2007 Posts: 227 Location: Hilton, NY

No response to communication since May? I would send a certified letter, with a signature confirmation. Tell them that if you haven't received payment in 30, or 60 days, you will consider the instrument abandoned, and sell it. Save copies of all communications, and don't go with telephone communication. Insist that everything is in writing. Do you have a signed initial agreement to show that they authorized the work?
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www.wallindependent.com

Mat Roop · Posted: Sat Sep 22, 2012 9:57 pm Post subject:

Thanks Doug for the advice... no... I do not have a written contract, all my work is done on the basis of mutual respect and trust (aka a handshake)
I do have several communications by email which include her thanks to me for the work and apologises for delaying payment, along with a litany of excuses.
I really hate to get nasty... that is just not my style.
I recognize the legal value of having a client sign a repair order, with all the fine print of a contract, but I just can't bring myself to insist on such legalities with my clients (implying that I don't trust them) all of whom live in my community and many are friends. I suppose if this is the first in 22 years, that is a petty good record, and I don't think I will let the bad apple spoil it for the rest.

In any case I like your idea of a certified letter invoking abandonment.
Cheers.... Mat

FiddleDoug · Member Joined: 08 Sep 2007 Posts: 227 Location: Hilton, NY

I don't make a big deal of it. I had some two part forms printed up that have places for client contact information, space for proposal and price quote, and an acceptance space at the bottom. The client agrees to the work to be done, and agrees that the quoted price is acceptable. They get a copy, and I have a copy for my file, and tax records.
_________________
Doug Wall

www.wallindependent.com

tomigv · Posted: Sun Sep 23, 2012 9:31 am Post subject:

I had this happen several times in L.A. , the law back then 1994 was 60 days. I would check the local municipality, or province of ontario to find out what your legal responsibilities are. Otherwiswe the vln owner could come back to sue you in small claims court.
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williamwalsman · Posted: Sat Sep 29, 2012 8:40 pm Post subject:

Mat,

I don't have violin experience with clients refusing to pay but a little in the landscape business. I too almost never use written contracts and have had only a few clients refuse to pay in 27 years. On two occasions we went to small claims court and won the case with only verbal agreements. I think the judges can tell when a contractor is honest and is presenting his/her case straight forward. In MA small claims can be used at least up to 2K, I'm sure $800 would be covered in any state. I would highly consider that route after notifying client of your intent. Good Luck.