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delima ( sorry for spelling )

Discussion in 'Business Fundamentals' started by .5racer, Jan 24, 2010.

  1. .5racer

    .5racer Senior Member
    Messages: 132

    Ok I have a problem I think?! Been a member for a while and read alot !!!!!!!

    Got a contract for a lot and have been on time and cleaned and salted at the call. Most times went with trigger and on large storms , hit the lot 2 or 3 times to keep it clean !!!
    Reason to keep it clean is it is mostly a loading for papers to be delivered
    Now I get " the check is in the mail deal " BUT sat I get letter from a company tha the company I plow for is filling a chapter 11 .. SOOOOOO my question is ????

    Am I getting paid or should I get a lawyer to look over the papers ?

    The total is over 4,000 $ and I'm a small time plower .

    any help will be concidered
    Drunk and pissed in Kansas ,,,,,,,,,,,thanks :angry:
     
  2. .5racer

    .5racer Senior Member
    Messages: 132

    All so do I keep plowing because of the contract ???
     
  3. CMerLand

    CMerLand Senior Member
    Messages: 173

    Nope your screwed. Your an unsecured creditor of the company and after they claim bankruptcy you find yourself at the back of the line behind the bond holders and secured creditors. There will be nothing left after that.

    A far as continuing plowing, speak with them. If they are closing the business no need for them to continue servicing the property. If they are reorganizing negotiate getting paid what your owed before put them on a pre-pay for service basis. Unless they pre-pay your just throwing good work and money after bad.
     
  4. .5racer

    .5racer Senior Member
    Messages: 132

    They are noy shutting doors . There a news paper company and the B paper says I cant contact them in anyway what so ever !! THIS SUCKS
     
  5. Evanbrendel

    Evanbrendel Senior Member
    Messages: 181

    that dosent sound rite that you cant contact them. sounds fishy.
     
  6. msu1510

    msu1510 Senior Member
    from MI
    Messages: 128

    I think i would contact them anyway and do what cmer said.
     
  7. mycirus

    mycirus Senior Member
    from Mass
    Messages: 589

    Yeah but when you are running late next time it snows and they call you to see where you are they will contact you, then you can ask them cause they called you....
     
  8. coldcoffee

    coldcoffee Senior Member
    Messages: 776

    I had this happen once, the company had filed a chapter 11 or 13. I got stuck w/ the final invoice (1 month), but I did manage to get paid up to date and had them on cod for the remainder of the season. Only reason I got stiffed in the end, was because I got tired of standing around waiting for them to pull together petty cash every time I went there. It was a restaurant, and they couldn't open for business when the lot wasn't cleared, and employees couldn't get in to work. So yea, I held the lot for ransom.

    Funny thing was, the owner was based in Florida & really thought he would pull 1 over on me. A year later he was still in operation, giving the place a face lift & a new name. I had a contract w/ them for another year, which they were able to get out of. I tried to get it back from the new management the following year, because I wanted to even the score, but it went much cheaper than I was willing to bend. Good luck & go for the ransom money...may be your only hope!
     
  9. grandview

    grandview PlowSite Fanatic
    Messages: 14,609

    Are these papers from a law office? And are you listed on them? Some times if a company goes into bankruptcy and they don't list you ,you still maybe able to collect the full amount.
     
  10. .5racer

    .5racer Senior Member
    Messages: 132

    It is a law office and as far as being listed, its some drawn out web site . I guess I just neede to see my lawyer and see what happens ,,,,,,,,still sucks
     
  11. coldcoffee

    coldcoffee Senior Member
    Messages: 776

    Unless it's a court order..."The gloves are off".
     
  12. Pennings Garden

    Pennings Garden Senior Member
    from VA
    Messages: 242

    You might not be able to contact the company you service in any way what so ever, but you can and should contact the lawyer who sent you the papers. they will tell you where you stand and what to do. they are lawyers and are legally obligated to tell you where you stand, asking us is just a pissing contest waiting to happen. This is coming from somebody that has worked for a company that filled for ch 11 a couple of years ago
     
  13. clark lawn

    clark lawn PlowSite.com Addict
    from NE ohio
    Messages: 1,233

    any invoices in the last 90 days will have to be paid. i had someone do this to me a couple years ago, i talked to my lawyer and he talked to their lawyer and i got paid. this is to prevent them from when they know the are going bankrupt from going out and buying everything they can and getting out of all the bills. this place had the parking lot paved all new windows installed and then i had almost 12K in plowing and they had to pay us all.
     
  14. Burkartsplow

    Burkartsplow PlowSite Veteran
    Messages: 3,245

    You should get paid. I had a company do that to me last year. I got paid pretty quickly. They stayed in business just someone bought them and reorganized and I was paid. If it was a Chapter 7 then you are screwed!
     
  15. .5racer

    .5racer Senior Member
    Messages: 132

    went to lawyer and made copies for later .. By his request I went to the maint sup of the company and asked if I was still there guy ? He asked me why I wouldn't be, so that was the trigger so to speak to tell him why !! Long story short ... There is another T-N-T vinder somewheres else waaaaaay south of town call T N T Fireworks and tried to send to them . Checks were stoped and I get ALL mine friday!!!! Everything from here on is new buisness and will be on time ... clark lawn was allso right with the 90 day thing too... worth the 200 I'll be charged by the lawer if I dont got paid by friday ,,,he has papers ready to go ....the waite begins ....again ...
     
  16. .5racer

    .5racer Senior Member
    Messages: 132

    THANKS EVERYBODY !!!!!! All your help was usefull !!!:drinkup:
     
  17. Evanbrendel

    Evanbrendel Senior Member
    Messages: 181

    hope it all works out for ya sounds like it will
     
  18. grandview

    grandview PlowSite Fanatic
    Messages: 14,609

    I'd go plow that fireworks place and work out a trade for plowing.
     
  19. Mr.Markus

    Mr.Markus PlowSite Fanatic
    Messages: 5,170

    So that was your hammer in the "Mexican fireworks" thread. :laughing: