We have liened Oil wells in the past when 3rd party contractors weren't paying us. Finally got the Oil company to do something about it pretty quickly.
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Do you know how much they charge? Not to hijack this thread, but I have a small amount that a guy owes me (~$700) for past-due hockey fees and he keeps dodging me even though he played the whole season with us. Not sure if it's worthwhile...
Do you know how much they charge? Not to hijack this thread, but I have a small amount that a guy owes me (~$700) for past-due hockey fees and he keeps dodging me even though he played the whole season with us. Not sure if it's worthwhile...
He charges about $400-$500 including court costs depending on a few things. But you also get court costs and some reasonable expenses added to your judgement when you win. It's usually about $400-$600 added to the judgement. You're also supposed to pad the amount you're asking for if possible...like add some reasonable amount for your time and a reasonable rate of return on the money owed...you can ask for anything. It would be worth your time.
I freelance for a living and have dealt with this scenario a few times. I know you said they're ignoring you, but I would send one last email. Attach the invoices. Calmly and professionally let them know they are outstanding and by how much. Let them know this is their final opportunity to make payment. Set a date. Here's an example of one such email I've sent before:
Quote:
This email is regarding Invoice XXX from XXXXX in Calgary on September 4th, 2012.
When we last spoke you said there had been some change in the way accounts are paid and that this would be processed right away. That was 31 days ago. As of this email, this invoice is now 144 days past due. In this industry where we work with new clients regularly and on good faith this has reached an unacceptable level - especially with the lack of communication on the matter.
I am headed out of town for work until Thursday, March 7th. This is as long as I can extend this goodwill. If payment is not directly emailed to me, or in my mailbox by this date, I will be forced to pursue whatever action necessary to obtain payment for the services I provided. In addition, if payment is not made in full by my return, a late fee of 10% per 30 days overdue will also be applied to the total amount owing.
I hope you understand where I'm coming from on this and that this can be cleared up quickly.
Never threaten legal action. Be firm. I was etransfered funds the next day along with an apology. If you feel this won't get it done alone, CC every colleague, associate, or client that is involved in the project and embarrass the non-payer. If none of that works, go the legal route.
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He charges about $400-$500 including court costs depending on a few things. But you also get court costs and some reasonable expenses added to your judgement when you win. It's usually about $400-$600 added to the judgement. You're also supposed to pad the amount you're asking for if possible...like add some reasonable amount for your time and a reasonable rate of return on the money owed...you can ask for anything. It would be worth your time.
Um, respectfully disagree. But by a lot.
The Provincial Court Civil Division guidelines suggest 10% by way of costs if you are represented-- 5% if you are not. The amount of the costs you receive depends upon the amount of the judgment in small claims court. You do not receive judgment based on your time spent.
His most likely outcome is he'd get his $700 plus 10% costs, $70, for a total of $770, plus filing and service fees.
Also, you do not get a "reasonable amount for your time and a reasonable rate of return on the money owed". You get your costs (10%) plus interest under Judgment Interest Act amount, which is peanuts, about 1% per annum these days.
And then he pays the agent $400 to $500? After wasting all that time?
No, its not worth it in the situation described.
Last edited by Kjesse; 03-15-2017 at 12:04 AM.
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Do you know how much they charge? Not to hijack this thread, but I have a small amount that a guy owes me (~$700) for past-due hockey fees and he keeps dodging me even though he played the whole season with us. Not sure if it's worthwhile...
That guy needs some shaming. Does he have buddies that played on the team? Did they pay? Yes. How do they feel about him playing for free? Teams I have played on, if a guy didnt pay, everyone knew. Peer pressure can work for a positive result. If he still doesnt pay, ramp up the shaming.
I'm just looking at my 4k judgment from 2015 and it includes $650 for court costs and legal representation. Interest was $45 but my Usue guy asked for a bunch of other stuff too. So my cost was $550 to Usue and the court. And I got $650 for expenses and extra costs. I think I'd do it for a smaller debt. I'm not an expert but that's what I'm looking at. I understand it would be less depending on the amount of the judgment but I think you might still come out ahead considering you have no time involved.
so, since i began this post, i decided to kindly email them the invoices everyday asking for payment as soon as possible. last night i finally got a reply apologising and saying they would pay right away. will the cheque come in the mail anytime soon? fingers crossed!
so, since i began this post, i decided to kindly email them the invoices everyday asking for payment as soon as possible. last night i finally got a reply apologising and saying they would pay right away. will the cheque come in the mail anytime soon? fingers crossed!
thanks for all the input guys!
Yeah, I'd be going in person to get that cheque asap.
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-I've dealt with U-Sue once, when on behalf of a sub-contractor they sued a general contractor that I represented. They handled the matter appropriately.
-Court agents are an alternative to consider instead of a lawyer in basic debt collection matters where there are not significant legal or factual issues. They know how to file, serve, set dates, talk to the court, get your judgment.
-That being said, a junior lawyer will often be comparably cost effective and also more "safe", because of their training to identify issues and deal with more difficult issues if they arise.
-lawyers are regulated, whereas court agents are not. While not U-Sue, I have seen court agents lie to the judge in court and they were caught. Had a lawyer done that, they'd be sanctioned, so they don't do it. For this reason, I think unless the court agent has built up a reputation of trust with the judges, a lawyer's submissions to the court will carry more weight.
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