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#1
07-13-2005, 03:13 AM
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Securing payment.
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 
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#2
07-13-2005, 03:39 AM
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Re: Securing payment.
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.
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#3
07-13-2005, 09:03 AM
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Re: Securing payment.
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.
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#5
07-13-2005, 09:30 AM
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Re: Securing payment.
[ QUOTE ]
When you say flaky does that mean spacey or shady? [/ QUOTE ] 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
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#7
07-13-2005, 11:41 AM
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Re: Securing payment.
[ 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). [/ QUOTE ] 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.
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