so is she saying she is not going to pay??? or not saying anything, if so here is some advice. let this serve as a few lessons learned, hopefully not costly ones. here is what needs to be learned out of this. I have lost sleep many nights hoping to not get screwed when the insurance company writes the check to the customer.
1) always get a signed authorization, even though you still have a contract with this customer without one, having one provides added benefit to you, in that if you have to take action to collect, your authorization should provide that the customer be responsible for legal fees. you are unlikely to get them without this provision. it will also spell out other things that you want, in mine I am adding that there will be a minimum of $500 fee if legal proceedings are brought to collect.
2)be in contact with the adjuster, make sure he has a copy of your authorization that also assigns you to be direct paid, it doesn't always help but sometimes they will send you a check direct or at least put your name on the check with the customers. tell them you expect to be paid direct and you are providing all the documentation to do so, also include your tax ID # always with this stuff, many times I would have been direct paid if I had mearly provided this. all this is even more important because people don't have the equity in their homes they used to, equity in a home means one way or the other you will get paid, nowadays the customer may have negative equity.
3) a signed completion form is very helpful as well, again send this to the adjuster, it will further your chances of direct pay. it will also be helpful if the customer claims you broke something 3 weeks later and conveniently at the same time you are trying to collect, I am dealing with that right now.
4) make sure you are in contact with the adjuster, and know when and where they are sending payment to, when you know they have sent out payment you need to be on the phone telling the customer you know payment has been send out and they need to call and settle up as soon as they get the check, keep calling in the days to come, the customer needs to know you are serious about getting paid, if they still claim to not have the check after a week, tell the customer to have the adjuster cancel the check and issue a new one. you need to have a response for every possible excuse that can be given. bottom line you want that check in the customers hands the least possible time, the longer they have it the more comfortable they are about NOT paying
now as to what you do now,
1) this is a long shot, call the adjuster explain whats happened, maybe just maybe there is still time to cancel the check he wrote and issue another one, I have seen checks bounce after nearly 2 weeks, its the first call I would make. if its too late for this, the adjuster needs to call the customer and tell them he send payment and they need to pay you.
2) file a lein on their home right now!!!! in out our state there is a limited time to do it, 90 days after you last did work for them, lein forms are at office depot etc, fill them out and file with your county recorders office, in utah you also have 180 days to commence a law suit after you file, or the lein expires.
3) file a small claims suit, these are easy to file and will RATTLE their chain, cost around here is about $60 or so including having them served, this avoids having to pay an attorney a retainer, is cheap, still takes time and is a pain to file, that is why I am adding the $500 provision. most of the time filing this gets you paid, sometimes not, I have had to argue one case out of the 5 or so I have had to file, this one the customer disputed part of the bill, I won.
:roll:
