[groundwork]

Hi all, I did a little searching and did not find any direct information on this.

I did a no no. I subcontracted my work to a "personal Organizer" (who is not even a contractor). I did some monthly maintenance on her client's house and did a rather large pruning job. At first, I was having a hard time getting her to pay me. Finally, after I said I would not do any more work for her until she paid up, she brought me a check for the amount owed plus a down payment for the work to be done. Then, of course, because I'm overly optimistic and try too hard to think everyone is on the up and up, I continued to do work for her. Two weeks later, my bank notifies me that the check she gave me bounced. So, now I'm in it for over $700 (large amount for my tiny company). I called her and she apologized profusely and said she would pay me with a credit card via pay pal. Three days have passed, and still no payment.

Do I have any way to get the money from her or would I have to go after her client? I'm worried that I can go after no one, because I only have a written agreement form her agreeing to pay for the work, but she is not a legal contractor. I have nothing in writing from her client agreeing that he would pay me for work done.

Any thoughts? Do I have a leg to stand on if I need to take her to small claims?

[Stonehenge]

GW - I'm not sure I'm grasping the whole picture here.

You were hired to do work for Party A through Party B (the organizer). Party B is the party with whom you have an agreement, right?

If you have an agreement in writing with Party B, go after Party B. But first, I would mention to Party B that you'd hate to have to call Party A and tell them you couldn't work anymore on their property because Party B has been bouncing checks. I would think the threat of public embarrassment in an arena where they are likely dealing with wealthy professionals would get you your money pretty quickly.

If not, Party B is the contractor - take Party B to small claims.

[Pelican]

The only addition I'll make to Jeff's post is that there is usually a waiting period before you can initiate a small claims suit. In NY, a debt must be at least 60 days outstanding before proceedings may begin.

[4seasons]

charge the original contractor the fee for bounced checks, and maybe more for pia factors she is putting you through. Next time have a contract written and signed describing the payment method. Hope you get your money!

[NCSULandscaper]

start tacking on late payment fees, interest charges, bounced check fees and the like to the bill each month until you get CASH and only cash from now on up front or no other work will ever be done for them again.

[FireandIce]

That's an awful position to be in. Please be very careful in your collections proceedings as laws will dictate how it can be done. You can certainly attempt collection from 'Party B' since that is where the contract orginiated, but I don't recommend her client.

First can I ask if your bank intends to resubmit the check? Was the check returned to you, or did they keep it? If you have it you can always call to verify funds, and if the funds are there I'd be at THEIR bank to immediately cash it.

Not knowing exactly what the contract states, going after her in court is definitley an option, but be cautious as to what you request and how you go about it. Typically, we all know how things can vary from state to state, you need to have some type of documentation in place showing you tried to successfully deal with this out of court.

Send a 'reminder letter' stating specifically how long you will wait for payment (ie- payment must be received within 14 days or futher action will take place).

If nothing then send a 'final notice' letter- certified AND regular mail to ensure there is absolutely, positively no way they didn't get it (even if they refuse the certified piece). Again, you will need to explicitly state a date or X number of days or the account will be taken to court.

If you end up in court make sure you have copies of the letters you mailed, green receipt card from certified mail whether it's refused or not, notice from your bank and any relevant, detailed notes you have- the more the better.

Now as far as the contract (keeping in mind the variables from state to state)... unless you have somewhere in there late fees/interest (in accordance with the law), court costs, etc typically you're not awared them in conjunction with the balance due. Not saying you can't try because you certainly can.

HTH

[groundwork]

Thank you all for your helpful responses! I plan on contacting her again by phone and mentioning that I will have to go to her client if I don't get the money from her by the end of the week. Hopefully that will get her to pay up.

One more question. . . I was under the impression that in order to subcontract a contractor, one had to actually have a contractor's license themselves. I believe this woman does not have a license. Does anybody know if this is a legal working relationship?

[Stonehenge]

We worked with a service like this (once), locally called "HomeFree". I don't know what each state law stipulates, or whether one would need a license for that kind of work, as it's kind of like a concierge service more than anything.

But I wouldn't worry about that part - just get your money, then never work for that person again.