I own a screen printing and sign making business and a existing customer of mine ordered about $4000 worth or merchandise (tee's shirts and hats ..ect). I've done business with this man and his wife before over the years and never had any problems. I trusted them.
I received a half down deposit and began the work. 3 days later I began to deliver the items. They were very happy and started handing them out to employee's and customers. Also they built a beautiful lighted display case in their establishment to offer these items for sale.
My policy(posted in my work place for all to see) is that we require half down and the balance upon completion.
Because of the fact that I offer free delivery for large orders like this I was bringing 4-6 box delivery's for 2 days and then when I had the last of the order I called both the owner and his wife to let them know I was bringing the last of the order and would need to get paid.
And that's when the excuses, lies, and deception started.
The wife said she would meet me and I waited around for about an hour and she showed up and said she was in a car accident and she didn't have her stuff with her....including check book of course.
To make a very long story short, I'm on my 9th day of trying to collect.
The man did say he was coming to pay me 5 days ago (sat). He did show up, apologized, but said he could only give me $1200 of the $1966 he owed. But, he said...I would get the remaining $768 on Monday. Monday came and went, Tuesday afternoon I went to the place to attempt to get the rest of the balance. It's a restaurant/ bar&grill and I saw the owners car out front so I sat at the bar and had a drink and asked the manager to let him know I was there. he said he would and probably did because the owner went out the backdoor and got in his car and took off.
And now him and his wife will not return my phone calls.
I have a work at home business, a D.B.A. I've had it for almost 10 years now and have never had any problems. So I've never had any contractual agreements made but I have contracts now. I do have my policy posted on my wall next to my DBA that says in part that "all orders must be paid for, obtaining services without paying may be considered theft of services under NYS penal code 165.15.
It's more of a barking dog than anything.
But now it seems I may have to go down that road.
So my two part question is......
Can I still consider it theft of services although I didn't have them sign a contract? They haven't disputed the fact that they owe me, and I would think that the fact they gave me $1200 already is in a way admission to the fact.
And if so, is it best for me to file theft of services charges or go to small claims? Or both?
I received a half down deposit and began the work. 3 days later I began to deliver the items. They were very happy and started handing them out to employee's and customers. Also they built a beautiful lighted display case in their establishment to offer these items for sale.
My policy(posted in my work place for all to see) is that we require half down and the balance upon completion.
Because of the fact that I offer free delivery for large orders like this I was bringing 4-6 box delivery's for 2 days and then when I had the last of the order I called both the owner and his wife to let them know I was bringing the last of the order and would need to get paid.
And that's when the excuses, lies, and deception started.
The wife said she would meet me and I waited around for about an hour and she showed up and said she was in a car accident and she didn't have her stuff with her....including check book of course.
To make a very long story short, I'm on my 9th day of trying to collect.
The man did say he was coming to pay me 5 days ago (sat). He did show up, apologized, but said he could only give me $1200 of the $1966 he owed. But, he said...I would get the remaining $768 on Monday. Monday came and went, Tuesday afternoon I went to the place to attempt to get the rest of the balance. It's a restaurant/ bar&grill and I saw the owners car out front so I sat at the bar and had a drink and asked the manager to let him know I was there. he said he would and probably did because the owner went out the backdoor and got in his car and took off.
And now him and his wife will not return my phone calls.
I have a work at home business, a D.B.A. I've had it for almost 10 years now and have never had any problems. So I've never had any contractual agreements made but I have contracts now. I do have my policy posted on my wall next to my DBA that says in part that "all orders must be paid for, obtaining services without paying may be considered theft of services under NYS penal code 165.15.
It's more of a barking dog than anything.
But now it seems I may have to go down that road.
So my two part question is......
Can I still consider it theft of services although I didn't have them sign a contract? They haven't disputed the fact that they owe me, and I would think that the fact they gave me $1200 already is in a way admission to the fact.
And if so, is it best for me to file theft of services charges or go to small claims? Or both?
