Well, it's actually $ 4,800 to be exact, but it might as well be $ 5,000 . So any of you had experience taking a customer to court before ? or have to take someone to small claims court ? Your comments and observations would be appreciated.
I had this client ( architects office ) as one of my commercial janitorial customers for a year and a half. When the construction industry started going south they got a bit behind in their monthly payments to me . They claimed they had one million owed to them by contractors who refused to pay them . First a month behind , then when they got 2 months bhind they cleared up the first month. So I worked with them since June trying to get them caught up. But by mid-November they started falling not just 60 days behind but 90 days behind - that's when I said - enough is enough !
So December 1st , I officially gave them a notice indicating I'd suspend services until they caught up the current debt. I gave them until December 15th. They didn't meet the deadline so I terminated them permanently , deciding to take them to small claims court. Interestingly, the accountant lady kept telling me to come in these last 2 weeks and see if they got any checks in - and she'd try to leave me my check. Never happened. But I noticed on her desk Dec. 10th another proposal from a janitorial company to clean their office - $ 150.00 less per month. So when I turned my keys into her on Dec. 16th I asked her , " What are you folks doing about a janitorial service ? " She said, " Oh, we just are emptying our own trashes . " I said, " You aren't looking to hire another janitorial service ? " she said, " No we aren't . " I said , " Well, I happened to notice on your desk a proposal from a rival company " She said, " That's none of your business. It's private information if it was sitting on my desk ! It doesn't concern you ! " I replied, " Well, yes, it does concern me because you are still under contract with me , and I never received a written termination notice indicating you wanted to end my service. You are in breach of contract not only for being 3 months behind , but for trying to hire another service while you are under contract with me . How do you expect to pay this new service, if you haven't paid me ? " She said, " Well, that's our business. " So I bid her a good day , and told her I'd see her later and that I'd have to pursue other solutions to this. The lady was definitely pissed off I caught her in a lie .
So I've gotten my paper work together. My bank statements and their checks written to me indicating late payments . Also a copy of the contract indicating each party gives 30 days notice before termination. My court date is Feb. 2nd , 2009 in small claims court. So any of you gone through this with customers before ? How did it turn out for you ? Any suggestions for me ? My ears and eyes are all open here. Your takes are much appreciated. Look forward to hearing from you
...OUTLAW