How do I get a client who became a friend to pay me his balance if he is not returning my calls or emails?

Question

I am a dog walker/pet sitter and dog trainer. My client became my friend and I cared for his dogs many many times (I have my calendar of the dates.) He works in production as a grip or gaffer (i forget) got himself in debt and was paying me when he could... It seemed that he was good for his word. I stopped caring for his dogs the beginning of 2006 and moved to another part of town. The last time he paid me was June of 2006. When I contacted him late November or early December, I let him know that his balance was $2600. and that I needed to get some money from him. He has not responded to the email or returned my calls or text messages. I don't know what to do besides going to small claims court which I would rather avoid. Is there something that I could say that might get him to at least return my calls? I told him that I didn't expect it all at once but that I really needed some of the money and would like to work out a payment arrangement.
Still no response.

Answer 1

It is what it is. There are some actions that you can take.

1. Write off the $2600 as a bad-debt deduction against your income taxes. Then if he ever pays you, you can pay the taxes on the later income.
2. In the written contract that you have with each of your clients, add a clause stating that when payments are not current within 30 days, the contract is broken and no more services will be rendered.

I have seen this situation before. When he fell on hard times (for whatever reason), out of friendship you continued to care for his dogs. Your understanding was that when he got back on his feet, he would pay you, but that conversation never happened.
His thinking was that since you knew that he could not pay you and you were his friend, all services rendered during that period were donated. Big communications gap.
Once he's back in the money, he's still paying off his old debts but he's living a little better. You present him with this HUGE bill for services. I'll bet that he has debts much larger than $2600 that have real consequences if he does not keep up the payments (loss of transportation, loss of housing, etc.). The penalty for ignoring you is zero. What are you going to do? Confiscate his dogs? That's not what you want.
Let's say you win in small claims court. What are the chances that he will get any of the money to you? If he successfully claims that you donated the services, what evidence can you present that services were rendered and that he knew that he owed you payment?
Consult an attorney to assess your chances of collecting.

Answer 2

It kind of depends on the arrangement you had..Did you have a contract? Is the money significant enough for him to want to take you to small claims' court? He might have a case against you depending on the arrangement and whether it was well documented. How much was the deduction he took? If it was less than $600 he might also have a case against you. Most labor laws require that work time be prorated..When you leave or start in the middle of the month (much like paying rent) you are paid for the exact number of days/hours you worked based on an average daily figure. You could stall to see if he'll pursue it in court and then pay at the last minute, but you could also risk having your reputation destroyed by a pastor telling everyone you stole from the church. If you think he'll just go away and you are not close to the church community you might get away with keeping it, but just because you think you deserved a raise but didn't get one doesn't justify your keeping the extra month pay.

Answer 3

I hate to say it, but I think you are at fault in this one. In the normal business world, debts over 120 days are usually written off as uncollectable. I would have instituted a feasible payment plan from the start. I would say that when you went without communicating regarding repayment for months, you demonstrated a willingness to forgive and forget. Now that it seems you are in a financial pinch, you have recalled this old debt. It's an expensive lesson, but I think unless you lure your friend out with you, then into your vehicle where you drive to a secluded location to hold him hostage until he agrees to pay, that you have little or no recourse.

Answer 4

Hmmmm...Well...the friend part is tricky..as it is by far (IMHO) the most miss-used word in our language. I would try one more time, letting him know, (in a nice way of course) that this is the last/final time you will be asking him in this manner. Advise him that by his 'inaction'..he leaves you with no other choice. Small claims courts have toms of people to help you do this, foms to fill out, etc...Then once you get the 'judgement'...you will then need to ascertain how to 'attach' his wages. You totally deserve fair wage for fair work. Good Luck

Answer 5

Send a polite, but formal letter asking for the payment due based upon the scenario you outlined in your question. If you have no formal agreement, you may have no recourse, but a polite written request can supplement all that you have done so far. If no response, have your attorney draft a letter also, with your initial request attached. Good luck to you.

Answer 6

This won't help your current situation, but could save you a Ton in the future. Keep business and friends SEPERATE and always do your standard business procedure (blame in on your wife, husband, admin person, whoever, but do not deviate from your standard business practices. After all they were created for a reason! Good luck to you.

Answer 7

purchase collection letters from a collection agency like Dunn & Bradstreet.

Last I heard you could buy 10 for $400.

This is how I think it works;

You send the letter & Dunn & Bradstreet are then responsible for the collection

Answer 8

If he is treating you like this he is not really your friend. You need to take him to small claims court for the balance.

Answer 9

Send a registered letter.

And, next time, have a 30 day due date, even with friends.