Collecting an Unpaid Account - Need Help

[Julles]

Guys,

I did a wallpaper job a coupla months back, and the designer paid me with a check that bounced.  She told me I could redeposit it a week later, but it bounced again.  My attempts to cash the check at her bank have failed - her account is NSF.  She said she would mail me a cashier's check, but has not done so.  She has not responded to my recent e-mails.

So my choices are to got to the DA and file charges for her writing a bad check.  I hate to do that, but, gee, it's $900 and times are tough and I NEED THAT MONEY.

Also, I seem to remember that it's possible to go after the client in whose home I did the wallpaper installation, even though it was not her but the designer who actually hired me. 

Question:  CAN I send a dun letter to the client?

Can I put a lien on the client's home?  I think I can legally do so, but am not 100% sure, and want to do things correctly.

Any other suggestions? 

I have never met this woman face-to-face, only via Internet / e-mail.  She told me before the check bounced that it would do so, because there was some problem with a $28,000 check she deposited.  But she said I could safely redeposit it a week later, but it bounced again.  But it's been so long now, I wonder if she's just stringing me along and never intended to pay me in the first place.

Thanks

[Esther]

Laws and procedures differ from state to state, if not court to court. I would go to my local small claims court and say, "DUH, here I am. This is my story. What are the procedures to try to collect?"

In the world of tenants, there are different courts depending on the amount due and each one has different forms and different procedures AND DIFFERENT LAWS.

Make a list of charges from your bank too and whatever the charges are, to work it through the courts. Ask when you are there what parts of this procedure you can do yourself and what takes a court officer.

The $900 sounds waaay over what we face here to try to collect. Part of the problem is finding our tenants after they have moved and of course the court isn't going to find them.

Good luck.

[Mikey]

My advice is worth exactly what you paid for it....     I believe you can put a lien on the house.  Try Googling "Texas Lien Procedure".  In addition, I would attempt one last time to get your money before going to the police.  I suggest contacting her and telling her that unless she immediately pays you in full, you will file CRIMINAL charges against her for NSF.  I should think the word "criminal" would get her moving....

[moondivatx]

Julles..i'm a texan...but i've never had experience in this matter.  go to the da and see what your rights are.  You SHOULD be able to put a workman's lien against the property.  Good luck, my friend. Deborah

[Jerry]

The last 2 are very good ways to go.

[Kittyzee]

Like everyone else said, go ahead and make your move.  You've waited long enough and yes:  she's strung you along and probably had no intentions to pay.  Afterall, she could have called YOU couldn't she?  That's what responsible adults do, or they don't have work done that they can't pay for.  Period. 

Do it and don't feel bad about it.   

[Jerry]

I believe it's called a "Mechanics Lien!"

[Desertponder]

Yes, what and how you do it will depend on your state laws. Its going to cost you money to get that money as there will be filing fees, etc. to initiate proceedings.
I'm not sure but if I remember correctly, here in CO you have to send a certified letter demanding payment before you can file in small claims court. Then if they don't respond you can file with the courts. Since the amount is greater than $500 I would think you would be able to push criminal charges.
It sounds like this woman is scamming people so it may be difficult to get your money but you can always try. Sometimes sending a letter threatening legal action will get them to pay but if they really don't have it you may never see that money, or if you should win legal action, you may only see it in small monthly payments.
When we had our business years ago we often had to write off smaller jobs because the cost of trying to collect it wasn't worth it.
As a self-employed person, I would never take checks for payment. My husband never does whenever he sells parts. Its cash only, half up front, half on delivery or in your case completion of work. It took my husband awhile to learn that he could not accept checks but after he got burned hard enough, he realized he had to stop accepting checks. People don't like it but he makes sure and tells them before they come that they have to have cash, no checks. He's had people come out and try to write him a check even after he's told them and they get really irritated because he won't take a check but he stands firm. Does he lose sales because of it? Yeah, sometimes, but basically you know they didn't have the money.
Not everyone that writes you a check is trying to cheat you but when you're self-employed, you just can't afford to take the chances.