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Asked about 1 year ago - Redmond, WA
FlagOur company provided carpet cleaning services for a customer who lives in an apartment community.. The person paid with a check and this check bounced, due to NSF upon talking with the customer they asked us to re-run the check. It bounced again, due to NSF. It has been over a month since the job was completed and we have not been paid. What is our legal recourse against them, and can we file a lien against the property?
Mechanics' liens are strictly construed so must clearly fit within the definition of RCW 60.04.021. The statute applies only to "the performance of any labor ... for the improvement of real property." (in the definitions section). Improvement” means “[c]onstructing, altering, repairing, remodeling, demolishing, clearing, grading, or filling in, of, to, or upon any real property or street or road in front of or adjoining the same.
I am doubtful that mere janitorial services, without more, would constitute an "improvement." Services like remediation or anything involving repairs might well be a different answer. Your principal recourse would likely be a lawsuit for breach of contract.
I would advise against a lien. But this account is great for collection in Washington we have a NSF check statute that will allow attorney's fees a collection chage of $40 and triple the face value of the check up to the statutory limit plus filing and service fees. Collection agencies will take this type of debt and give you a great deal because they keep all the fees.
This is just some generic information for creditors.
The key to successful collections is information about a “way to go” from the debtor.
The debtor's income stream from wages or contracts needs to be legally intercepted before the debtor gets his or her hands on the money, or after the debtor puts the money in the bank. From contractual writs, to bank writs and attachments, to wage garnishments and attachments are normal points in the income stream that may be intercepted, extreme points are forced sale of assets like a sheriff’s sale.
Bear in mind that if the debtor is eligible for protection under bankruptcy law that is their “get out of jail free card” and can be played when eligible and you will have to pay back anything that you obtained from 90 days prior. An interesting issues is always the age of the account and fresher is better; when the debt hits the statute of limitations you are done.
Once you have a judgment and you can transcribe the judgment into the jurisdiction where the debtor lives or works you can collect.
If you have a judgment you can conduct supplemental proceedings or a debtor’s examination, or in the alternative, you can send interrogatories to the debtor.
If you suspect the debtor has transferred assets subsequent to your judgment and you can prove it, you have recourse under the Uniform Fraudulent Transfers Act if the act was adopted by your state or the debtor’s state or where the assets are located.
You can also turn your account over to licensed and bonded collection agency for about half of the proceeds or hire a collection lawyer to work the account for a time or a percentage.
I may not practice in your jurisdiction and you should talk with agencies and lawyers in the debtor’s area.
Good Luck and follow the FDPCA http://www.ftc.gov/bcp/edu/pubs/consumer/credit...
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