1. Welcome to PlowSite. Notice a fresh look and new features? It’s now easier to share photos and videos, find popular topics fast, and enjoy expanded user profiles. If you have any questions, click HELP at the top or bottom of any page, or send an email to help@plowsite.com. We welcome your feedback.

    Dismiss Notice

can someone recommend a good collections agency??

Discussion in 'Business Fundamentals' started by snowcrazy, Feb 25, 2015.

  1. snowcrazy

    snowcrazy Senior Member
    from ohio
    Messages: 409

    Hello all, just curious as I know that some of you have more than likely been down this path before, recommend a good collections agency?? I am in Ohio and have won a court case on an unpaid debt owed for snow removal for the 2013-14 snow season in the amount of 12K buck plus interest. I got a lien on the building also but still no green flying my way even though they have another contractor this year who is getting paid. So can someone with experience possibly point me in the right direction of a company that has successfully gotten you your money in this situation of no payment? Thank you very much for you time.
  2. SnoFarmer

    SnoFarmer PlowSite Fanatic
    from N,E. MN
    Messages: 9,883

    The Sheriff Dept.

    (after a judge orders them to get it for you)

    when I was young and living above my means.
    and a collection agency would call,I would laugh at them.
    They have no power to do anything but call and mail.
    I tell them, I will never pay you, only the original creditor.
  3. Ramairfreak98ss

    Ramairfreak98ss PlowSite.com Addict
    Messages: 1,931

    Yeah, in NJ, if its a business, you can file motion orders to get discovery of where they bank, or file goods and chattels against any assets they have that can be taken and sold at auction. Its a lengthy process for sure, but something will get them to pay eventually.

    The only part that sucks is that they can file an appeal or appeal a default judgement sometimes years later in some states, and then years later back you all the way up to the point of going to court again :( . Nothing is just about this justice system for people and companies who dont pay.
  4. grandview

    grandview PlowSite Fanatic
    Messages: 14,609

    I would rather have someone send me a bad check then not get payed.;)
    Last edited: Feb 25, 2015
  5. Joe D

    Joe D Senior Member
    Messages: 605

    Will the court help you at all? Did you have a lawyer?
  6. snowcrazy

    snowcrazy Senior Member
    from ohio
    Messages: 409

    yeah, that is what my lawyer is in the process of doing but these ass holes keep on running from there subpoenas but for some odd freaking reason our justice system doesn't do anything about that. As far as im concerned they should be in jail, but as stated above there is a lack of correction for these types of ppl.

    The only reason that I asked about a collections agency is because i have already won the case, already have the lien, and as of now my lawyer is working on getting the judge next week to grant him access to get ahold of financial records to try and cease or garnish money. If my lawyer cannot get it done, im just looking towards what my next step will be. The problem is, from what i am told, when he does find the funds he by law has to send these ppl a notice of when the monies will be "ceased". Why the hell that is a law is beyond me. What I told my lawyer is "do you really think after you send them confirmation your going to take funds on xx/xx/2015 from bank acct #X that there not going to just move the money?". He said that is very possible and happens often. It sucks they cant just "take it". that's what they deserve. The owner can sell his multi million dollar home if he cannot pay his bills but that's the thing, he can pay the bills. He and his company just saw the opportunity to screw me and that's what there trying to do. They definitely have the money, as they own several commercial malls/strip malls.

    After all of this happened to me, i decided to do a little digging and found out that this EXACT SAME THING happened to the previous snow contractor. he had the job for several years but the year that we got a ton of snow they "got behind on paying" and assured him the money was on the way to keep him on the hook as long as possible. Carbon copy of what they did to me. It wasn't for quite as much as i am owed but still. It just kills me that the small town i live in lets these types of things continue without punishing folks that come in and treat the locals this way. By the way, this same company is behind 2 years on local taxes to the county for nearly 90K bucks. Public knowledge per county website. But they still continue to get to collect rent??? it just makes no sense. They should be garnished or taken as soon as rent checks are sent by there tenants.
  7. snowcrazy

    snowcrazy Senior Member
    from ohio
    Messages: 409

    Joe D, yes I have a lawyer. As far as the court I don't know if they will "help me"? they were subpoenaed to court and didn't show, so I won the case for the amount owed in the amount of 9,650 plus attorney fees and court costs plus interest. they were sent paper work saying that I won and needed to pay. never got paid so my lawyer pursued putting a lien on the property which the were sent a subpoena again with info about what was going on. I showed to court again and they were no shows so I was granted the lien on the building. now we have a court date for the 4th of next month. I figure they wont show up again. This court date is for us to try and see if the magistrate/judge will grant my lawyer access to subpoena bank records. from there I have no idea what will happen.

    What I am so confused on is the amount of lawsuits that are still outstanding against them but none have been resolved. Some of these lawsuits are from back in 2007. All I can figure is that these guys are professionals at playing the system. I just hope that my lawyer can make it happen!!! We had a local hospital just get shut down for this same exact issue. owed monies to folks and one day there was no money in there bank account. Somehow the company that had a lawsuit against the owner of the hospital was able to "cease" funds. I hate that we lost our local hospital but dammit don't get into debt you cannot pay for.

    with that said, the company that I worked for has the money. hell they have started the rotation all over again with another contractor and he is getting paid!!!! I warned him about them but he continues to work for them and treated me like I was some type of enemy to him. I just walked away thinking you will regret not taking my advise one day to not work for them. So after I tell the guy this he runs and tells the company and they threaten to sue me for defimation of character. Real ass holes it tell ya.
    Last edited: Feb 25, 2015
  8. john r

    john r Senior Member
    from NJ
    Messages: 256

    Why don't you put a lean on the property(s)? It will hurt their credit. No bank will loan them money until the judgement is paid, and you get 18% a year interest. Oh, and cuts the lawyer fees. How much are the legal fees going to be? Lawyers chew up a lot of money that you will never see.
  9. 1olddogtwo

    1olddogtwo PlowSite Fanatic
    Messages: 12,174

    Try rereading the post, he says he has liened the property(s).

    Time to sic the goon squad on them, talk to the New York boys.....
  10. jk4718

    jk4718 Senior Member
    Messages: 597

    A collections agency is for the step between the late bills and filing the lawsuit. You have already moved past the need for a collection agency and you have to let the lawyer follow through with the process of garnishments. The types of companies that do this know how to play the system and they can stretch this out for years. You really have 3 options: Let the lawyer play it out for possibly years, try to settle with the owner for a lesser amount, or the final one...sell the debt. Companies can purchase the debt (like buying credit card debts). They finish the process because they have the time and the capital to do so. The catch is that the debt can sell as low as 5 or 10 cents on the dollar.
  11. snowcrazy

    snowcrazy Senior Member
    from ohio
    Messages: 409

    With it being said that they can stretch this out for years, I guess honestly I wouldn't care as long as I knew I would get it one day. Especially since the judge granted me a very nice interest on the amount due. I guess my fear is just that I wont ever see it. the information you gave above is what I needed to know and I thank you for the info. Ive just simply never dealt with this type of thing before and simply don't know the ins and outs of it. I know that I need to just put my trust in my lawyer but damn we haven't even gotten them to come to court over the past year so I just don't have that fuzzy feeling that im going to see this money.

    As far as settling for a lesser amount, hell they wont even answer a phone call or e-mail from me so that's out. When I call there office and see my number on the caller ID they pick up the phone and hang it up. LOL Honestly, option number one is what I would have to choose because I wont lay down and give in to these pieces of garbage and say ill "settle" for half the money.
    Last edited: Feb 25, 2015
  12. SnoFarmer

    SnoFarmer PlowSite Fanatic
    from N,E. MN
    Messages: 9,883

    Wait a minute, you have a judgement?
    " the judge granted me a very nice interest on the amount due."

    If so and your lawyer hasn't gotten you, your money.
    you need to fire him.

    because if you have a judgement you all ready won the case, no collections agency is necessary.
    go after their bank accounts or the business assets.
    The judge will command/order the sheriff to go get it for you.

    and stop calling them or writing,
    that time has come and gone.
    You layered up.

    yes ,it can take time but this whole thing of they can stretch it out for years is a myth
    and if it does both parties had a hand in dragging it out
    Last edited: Feb 25, 2015
  13. thelettuceman

    thelettuceman PlowSite.com Addict
    Messages: 1,218

    I always use Smith & Wesson. They operate in all 50 states and every country in the world.:gunsfiring:
  14. On a Call

    On a Call PlowSite.com Addict
    Messages: 1,077

    Smith and Wesson will get you in trouble.

    Send bubba and charlie
  15. thelettuceman

    thelettuceman PlowSite.com Addict
    Messages: 1,218

    S & W have a 100% success wherever they go!!!!
  16. snowcrazy

    snowcrazy Senior Member
    from ohio
    Messages: 409

    Yes, I have a judgement in the amount of 12K bucks plus interest. The only reason I asked about collections agency is because obviously I have no idea what order these things are to be done. I always see this local commercial of a collection agency where there slogan is "have you won a settlement but are still being denied payment? THEN CALL US!!". I guess that's what I get for watching to much TV.

    From what I understand, the court date I have here in a the next court date which I need to appear is for us to be granted access to there bank accounts and from there I don't know where to go.

    I just need to let my lawyer do his thing but just so everyone understands why im looking at secondary options is because these folks have multiple lawsuits against them and none of them have been washed clean so I have to wonder how in the heck there getting away with this so much. I guess I just have a bad feeling I wont get my money is all.
  17. derekslawncare

    derekslawncare PlowSite.com Addict
    Messages: 1,003

    The way ALL this crap works is that the scumbags know how the game works. That's exactly why they DON'T show for court. If they show, the judge has access to them right then and there and they have to give all info (banking accounts, balances or whatever) to the judge or be held in contempt and go to jail. If they DON'T show, then all you get is a piece of paper, which does you zero good and you have to then track down all the above on your own. This takes time, money and lawyers work by the hour, so the more they do for you, the more they eat away at the amount of your judgement. The scumbags all KNOW this and bank on the hope that at some point they will wear you down and you will give up or run out of money trying. Either way, they win.

    I know this because I consulted an attorney for someone who owed me $2500.00 and wouldn't pay. He showed me a judgement he had won for another client to the tune of $1,000,000.00. He stated he has had that judgement for two years now and it has gotten him and his client NOWHERE. He was a good attorney and honest and said it would cost me more than it was worth to pursue it. I had to write it off as a loss. I think your attorney isn't quite as honest with you and is just "going through the motions" and earning some extra coin before the inevitable. For no more than you are owed, I think you should have been given the same advice I was. JMO, hopefully for you I am wrong. Good luck.
    Last edited: Feb 26, 2015
  18. SnoFarmer

    SnoFarmer PlowSite Fanatic
    from N,E. MN
    Messages: 9,883

    all the collection agency is going to do is call them and threaten them with more interest.....

    The legal system has teeth.
    it must be different in ohio

    ok you won.
    x amount of days for appeal and for payment to be made if no appeal is filed.

    still no money?
    next steep
    Go back to the court, in our case not to court but to the court clerk, pay a fee and the judge reads it into the record.
    after this is done he sill sign a writ of execution.

    This writ gives us a few choices.
    go after wages, retirement, or any source of income.

    The next is a lean on the property.
    the seizure of property in the amount of the disposition.

    Or you can size it from any and all bank accounts.

    How do you do this.
    The writ commands the sheriff to do this, for a fee.

    All fees are added to the total.

    Who ya going to call? The collection agency,Ghostbusters
    or the sheriff who doesn't need to ask them for your money?

    Get your lawyer off his but, give him a call and ask whats going on with my case?

    I did my case myself, it took 6 1/2 months to see my money.
    Last edited: Feb 26, 2015
  19. snowcrazy

    snowcrazy Senior Member
    from ohio
    Messages: 409

    Its so funny you mention them never showing up. beings I know basically nothing about the way any of this court system works, I was always under the assumption that if you didn't show up when you were subpoena to court that you were in trouble. And by golly they should be.

    As far as the hourly rate is concerned, I paid a $2,000 retainer fee and that was to have him represent me until I collected. No fees or percentages will be flying his way and he assured me of that. After he saw the emails directly from them (ppl that owe me) stating that my checks were on the way (they even stated the amounts!) that this was as open and shut of a case as could be and that $2k was all that would be owed other than court costs which the judge has granted that be added on to the lawsuit.

    this case is a little more complicated actually but super hard to explain. I will try and explain. I was approached by a fellow when I was 19 years old (im 33 now) when I was working at a pharmacy in this same strip mall. He introduces himself as lets say his name is joe with ________ corporation and heard I also mow grass and landscape. I told him I did. he also wanted to know if I was interested in working for them as there "strip mall manager", which basically meant I was a glorified trash man. So I started working doing both and getting checks. The checks from cleaning the mall were checks from _________ corporation, but the mowing checks were different. They said ____________ square. I asked them why the two different checks. The fella explained to me that the two checks just came from two different accounts because the owner had his own property management company which was called___________ corporation which is the account that the cleaning checks came from. So I shrugged it off and said okay whatever. So, checks kept rolling in and to be honest they never were late to me for 13 years on a mowing check cleanup check!!! They were great!! I didn't start plowing until 4 years ago but when I did they jumped all over it because they said they loved it that I would be taking care of EVERYTHING for them. So, 3 years of average snow season no problems, not even a late payment!!!

    Then they just stopped paying me during what turned out to be a record snowfall year in southern ohio. After asking about my money several times and still returning to service storms I tell them they have to get me atleast some of the money or Id have to quit servicing snow storms. So, a week later (after they found someone else) they fire me and have a new guy plowing mowing and doing the property cleanup. They assured me the checks in the amount of x for dec and x for january and x for feb were on the way. After several e-mails and phone calls which were never returned I got a lawyer and here we are. They simply figured it was cheaper to cut me than keep me. They were never unhappy with my work, never any complaints.

    So bear with me because I know that this gets even more confusing. We sue the __________ corporation and the owner, lets just call him steve.

    My lawyer calls me up and saids something really fishy is going on and we need to try and get to the bottom of it. he said the tax bills came out and that the mall was behind on taxes for 2 years nearly 100k bucks but that the name in the paper is NOT who we sued?? I was so confused I didn't know what to think so I asked him what the name was and it was the name that was ON THE TOP OF MY MOWING AND PLOWING CHECKS which was _______ square. I explained to my lawyer that the fella (jerry) that I had dealt with for 14 years said that was just the name of the strip mall which made sense because there are flags on all the poles that have that name on them (the same as on my checks). So my lawyer gets to digging up this name and its owner is someone TOTALLY DIFFERENT and doesn't even live in this state. This person has multiple lawsuits and cannot even be found.

    So, this is where I told my lawyer I still think we sued the right person because my bills were sent to _________ corporation which is whom I made the deal with years ago. the lawyer agreed and so did the judge. All these different names and accounts is where I think they are able to screw ppl I think.

    Sorry if all that is confusing and sorry im not using full names but my lawyer said no names ever until this case is closed.
  20. derekslawncare

    derekslawncare PlowSite.com Addict
    Messages: 1,003

    No, I get it completely. Same **** my bum pulled. Did work for him at both his personal multi-million dollar home with brick paver driveway full of Cadillacs and SHO TAURUS to his commercial property, a new residential subdivision he was building. Wrote checks to pay bills from numerous accounts, both personal and business. It's a BIG shell game. And when you sue, you have to sue the right name. Again, it's a game they KNOW how to play. You sue him, win judgement against him, but oh look, his accounts are in wife's name or his and business partners name, so you can't touch it because you don't have judgment against all on account. Now in your case, at least you have max amount your attorney gets, which is good for you because then he can work all he needs to to get you paid and doesn't eat up all your money. My guy declared bankruptcy, had liens on numerous properties from numerous individuals, had Tax Increment Financing on the development and everything else. Like I said, they know how to work it to THEIR favor. I wish you luck. I wrote it off and went on with my life. But as a result of that, I REFUSE to work for management companies or any of that crap. If I can't walk into your place and make a scene when you owe me, I don't work for you. I keep it small, works for me.