Securing payment.

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About a month and a half ago I responded to a request from a student listserv at Simon's Rock College, my alma mater. A student who was home for the summer in California requested that someone in the area mail her a personal computer she had left in the basement of her dorm. I live right down the street and had the day off, so I checked with Student Life and they vouched for the girl. So I mailed her the package at a cost of $120. She was to pay me back and she volunteered to tack on some compensation for my time. I left it up to her how much.

This was over a month ago and, shock and horror, she never paid me back. The people at the school say she is a bit flaky. She claimed a few weeks ago to have mailed the check to the wrong address, and said she was mailing it again. I don't believe that at all; regardless, there's been enough time that it should have arrived.

I have pulled what strings I can and have, aside from her address, a home phone number, DOB, parents' names and occupations, work phones, emails, etc. What's your battle plan?

I've pretty much got one but I want to see what you all say.

NT

[wacki]

When you say flaky does that mean spacey or shady? Some people are just like that and need a lot of reminding. You could just give her frequent calls and tell her how much of a pain in the butt this situation is. But that could easily become more trouble than it's worth.

You have documentation of this whole deal. You can always remind her of your contract and you have documentation of your contract. Expressed contracts are valid under the court of law. This is a slam dunk at small claims.

Be careful about threatening a lawsuit. You can be pinned for extortion. On a related note, I can get in trouble for giving you legal advice since I'm not a lawyer, but I did sleep in a Holiday Inn like 2 years ago.

[Jersey Nick]

File under no-good-deed-goes-unpunished. Send a few Emails and make a few phone calls, but don't expect results. You were a trooper, NT, but your $120 is probably gone.

[durron597]

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This is a slam dunk at small claims.

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[nothumb]

[ QUOTE ]
When you say flaky does that mean spacey or shady?

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Their implication was just on the spacey side, but they tend to be a trusting lot.

The problem with small claims is that she's all the way in CA and I'm in MA. There's a chance she won't return to school in the fall. So I'm not relying on that.

Anyway, here's the email I sent her:

"Ok xxxxxxx, you have officially exhausted my patience. It has been over a month since you received your computer and you do not seem to be in any hurry to pay me back. I certainly did not perform this favor with the intention of giving you an indefinite loan.

So here's what we do. You send me the money via Western Union or some other wire service. Tomorrow, no ifs, ands or buts. When we initially discussed this I left the total amount up to you (aside from cost of course) but that is no longer the case. Total cost to you will be $175 flat for my time and also for the lateness of your payment. A pretty meager surcharge when you consider the facts.

You should have my info, but just in case:
[my address]

If you wish to send the money via a different service than Western Union you need to contact me immediately to verify that it exists in this area. Most likely it will not. Your other option is to send via Neteller or Paypal (secure online services).

I sincerely hope you will follow through on your commitment promptly. Be aware that if you do not, I will not hesitate to pursue any avenues available to me (starting with the involvement of SRC, your parents or whomever else I choose) in order to obtain payment.

[my name here]"

I got a response from her claiming that she had sent it by certified mail and had it returned three times (WTF? yeah right). She also told me her parents were in the process of disowning her (which seems ridiculous since she's a minor and I know for a fact they are both gainfully employed and upper middle class).

So anyway, she begged me not to involve them or the public. She said she was sending me cash by non-certified mail. I can see where this one ends up - it mysteriously disappears en route and she can't afford to resend it. So I told her to send me a money order pronto.

We'll see.

NT

[chaas4747]

Get drunk, call her..... A lot!

[bronzepiglet]

[ QUOTE ]
I got a response from her claiming that she had sent it by certified mail and had it returned three times (WTF? yeah right). She also told me her parents were in the process of disowning her (which seems ridiculous since she's a minor and I know for a fact they are both gainfully employed and upper middle class).

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This is funny. Two unrelated excuses that she's just throwing out... I tried a bunch of times AND my parents are disowning me. As if the parents thing made the certified mail not go through.

[Maulik]

don't waste your time.

[Bluffoon]

Cheap lesson. Move on.

[Al P]

SIIHP. Twice.

[dtbog]

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She said she was sending me cash by non-certified mail.

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/images/graemlins/confused.gif /images/graemlins/confused.gif /images/graemlins/confused.gif

moran.

-dB

[jakethebake]

Put it in her pooper.

[wacki]

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The problem with small claims is that she's all the way in CA and I'm in MA. There's a chance she won't return to school in the fall. So I'm not relying on that.

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The problem with this statement is that it doesn't matter. Small claims is a valid choice and IMO your only one at this point. Her excuses are lame. She has problems and probably needs therapy. Either that, or she is a really dumb con artist. Since nature of her stories suggest both.

Congratulations on keeping the threats vague. However, I suggest you send her one last notice giving her a 1 week deadline for netteller, paypal, or moneyorder. If after that you will pursue other avenues for help.

Since she doesn't want you to contact her parents that is exactly where I would start. Then small claims. Don't worry about the interstate stuff. It just means a state trooper and not a cop will deliver the subpoena.

[wacki]

BTW, NT, this was a really nice act you did. It sucks when it backfires. But as I'm sure you know, when it pays off, it pays off huge.

Some day I hope to be able to buy a beer. Anything but a micro brew of course.

[jcx]

With her being out of state, small claims court isn't feasible. You will have to pay a process server who will want more than you are owed. She of course won't show to court and you'll get a default judgement. Big deal.

You're best bet is to call her parents. Make a innocent sounding "courtesy call" to their home. They might just send you a check. If that doesn't work, call them back at work. If that fails, let it go. This chick's a deadbeat, I guarantee you she probably has tons of creditors chasing her. You are the least of her worries. Take the Karma credit and move on.

ETA: You didn't say if she was working. If she is, calling her repeatedly at work is the best way to get paid. On that "courtesy call" to her parents, try and find out if she's working and where.

[wacki]

http://answers.google.com/answers/threadview?id=159073

As for process servers.... odd. In Indiana state troopers deal with them. Or they have in the few cases I have seen.


If I was going to send her a certified mail subpena, I would tell her "you know what I give up. This is too much work. I hope you pay, but as of right now it's only a matter of honor."

Or some bullshit like that. ANything to drop her guard to open the mail.

[CORed]

Getting a judgement in small claims court is no guarantee that you'll actually get paid. It does give you the ability to attach property and stuff like that, but it may be more trouble than it's worth for $120.

[wacki]

Errr.... I just e-mailed my dad about this. He said the constitution only requires states to honor "court of record" and small claims aren't typically "court of record". It depends though. Looks like I should of kept my mouth closed. Odd considering I've had a sheriff knock on my door for parking tickets in Mass. Also, I seen sheriffs deliver small claims tickets before. I guess Indiana is different.

Next time ship it via COD. Both Fedex and UPS offer that service.

http://www.fedex.com/us/services/options/express/cod.html?link=4

[Sponger15SB]

[ QUOTE ]
So here's what we do. You send me the money via Western Union or some other wire service. Tomorrow, no ifs, ands or buts. When we initially discussed this I left the total amount up to you (aside from cost of course) but that is no longer the case. Total cost to you will be $175 flat for my time and also for the lateness of your payment.

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So you're charging for extra for all of this? If I was her, I wouldn't pay you a dime over what you payed to ship it.

Isn't this extortion?

[nothumb]

[ QUOTE ]
BTW, NT, this was a really nice act you did. It sucks when it backfires. But as I'm sure you know, when it pays off, it pays off huge.

Some day I hope to be able to buy a beer. Anything but a micro brew of course.

[/ QUOTE ]

Thanks duder.

After she told me she was sending cash I advised her to send me a postal money order. She just emailed me back and this is what she says she did.

My impression is that this girl is more of a flake than anything else. She might hope this slides off but when you apply a bit of pressure I think she'll come through. Basically one of those path of least resistance things. Make it hard or embarassing and you'll get what you're owed.

Let's hope that's the case.

NT

[nothumb]

[ QUOTE ]
[ QUOTE ]
So here's what we do. You send me the money via Western Union or some other wire service. Tomorrow, no ifs, ands or buts. When we initially discussed this I left the total amount up to you (aside from cost of course) but that is no longer the case. Total cost to you will be $175 flat for my time and also for the lateness of your payment.

[/ QUOTE ]

So you're charging for extra for all of this? If I was her, I wouldn't pay you a dime over what you payed to ship it.

Isn't this extortion?

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Her initial offer stated that she would compensate the person who mailed her the computer very generously. As you can probably tell from the above paragraph, I told her she could pay me whatever extra she determined to be fair. I told her that she could pay me just the cost if necessary, especially because it cost more than the initial estimate. I was very gracious throughout. I did not consider this a major hassle.

However, now I do, and I'm letting her know she needs to pay a service fee / late charge. How can it be extortion if I have nothing to withhold from her or threaten her with? My only threat was to pursue payment via legitimate channels.

BTW, She immediately volunteered to pay me $200 after this exchange. /images/graemlins/grin.gif

NT