What can you do if the customer delayed your payment for 2 months?

Question

My Brother is a sub-contractor (renovation building). He didn't have a company yet, so he works for himselves. One of his customer had verbally agree that they will pay the outstanding payment once a week after my brother submit the claims. No contract was signed.

The boss didn't keep his promise to pay the o/s payment once a week. Everytime my brother ask for the payment, then the bos said"Yes! Yes! We're trying to prepare it! Next week you can take the payment already!" This kind of situation has been show many times. my brother haven't get his payment for 2 months already.

What can he do right now?

Answer 1

Can your brother take this man to a small claims court and get his outstanding that way?

Answer 2

Your brother may be able to apply at small claims court to claim against the 'boss' for balance unpaid services. if the customer eventually has no $ to pay him, your brother may take legal actions. Although he has no contract signed to support, i can see that the renovation work completed is already an evidence? does he has any photos of the work? please get legal help if the amount is substantial and also becos its worth the time and effort to try to recover outstandings via legal means.

Answer 3

Without a contract, it's a bit difficult.

Typically you can send out notices of late payment, requiring the payment be made in full within 14 days. Copy the notices in to your lawyer. If after the third notice you still don't get paid then instruct your lawyer to write to them, demanding payment.

Answer 4

Find a company that does debt collecting and get them to do it. you first have to warn the customer that you are handing them over to a debt collector and warn them that they will have to pay an extra fee to the debt collector. this warning might even scare them into paying. But if it doesn't, the debt collector now has the responsibilty to get the money for you and your brother can focus on his work instead.
This is effectively the best way to 'send the boys round' ;) Good luck.

Answer 5

Get him to invoice them on paper for the amounts due. Have payment due within 7 days on the invoice. Then if not paid you can take action as you have an unpaid bill, you can add interest then, and take to small claims court.

Answer 6

You can take the case to the small claims court, they are usually able to settle disputes like this simply and fairly. It sounds as though it should be quite straight forward, but ask your local citizens advice bureau for advice if you need it. There is some useful advice here:

http://www.bbc.co.uk/crime/law/smallclaimscourt.shtml

My partner and I began procedings against a tenant who owed us several months rent. We issued a formal letter to him, stating that we would take him to court if he did not pay and he paid straight away. Apparently he took legal advice (which was more than us!) and they advised him to pay it without delay! Sounding tough (and like you've done your homework) does the trick.

Good luck!

Answer 7

Hmm.. that is really bad. I have experienced being not paid for my job too. Well, contracts are very important, especially when you are working as a freelancer. Well, I guess you should consult some legal advice on this one.

Mary
http://onlinepr.gwatch.com/

Answer 8

Not do any more work for this person until his bills have been paid, and if he still does not get paid, take him/her to the small claims court.
Good luck

Answer 9

Send the boys round.

Answer 10

go to the small claims court, depending on the amount owed,or send in the bailiffs.