I have recently begun to have a few customers use my company to do their roof through insurance then spend the depreciation check while telling me they had not received it yet. I have filed the liens and am pursuing civil remedy but I am also trying to get the DA to call it theft of services. I also called their insurance but they didn’t care. I would just about give up the money to see them punished for stealing. Any Ideas???
I can’t imagine this being considered theft. The contract is between the insurance company and the Homeowner for getting the claim money. Very few insurance companies will either pay the check directly to the contractor or include the contractor’s name on the check. I think you’re wasting your time trying to make a criminal issue out of what is clearly a civil issue. Even if you do, that doesn’t do much to recover your funds.
I had one guy in Birmingham try this crap on me. I still have his lies recorded on the voice mail he sent me where he claimed the insurance wouldn’t pay his recoverable depreciation. Just go the route of filing a lien, filing a claim in civil court and possibly turning it over to a collection agency. I would also make sure to follow up with documentation letting them explicitly know (1) Your company will not honor any warranty claims until the time the contract has been fully paid; (2) You will be alerting his insurance company to the fact that he did not pay the balance owed on the claim (it is possible, were they to push it, that he would then be guilty of insurance fraud - he knowingly profited from a claim); (3) You will alert the shingle manufacturer that this wasn’t paid and there will be no warranty on the materials.
Try to slap a lien on the property or first explain to them your planning to lien the property and give them a week or something to come up with the funds. Most home owners will here the mention of lien and pay up to avoid it.
Never filed a lien but have waited up to 8 months for the final payment on insurance jobs. The longest wait was tough to call and be mean because she kept getting me more and more jobs!!! When I drove by would wave but down deep inside felt like say, “GIVE ME THE MONEY”. Finaly one day she mailed me a credit card check! More than likely mismanaged her insurace money and spent it.
Never had an adjuster feel bad about a home owner not wanting to pay up in full. They always say, “The insured was paid in full to date”.
thats good info dad.
Repossess the roof!!
Im kidding… I agree with Dad…
We also send a certified 7 day lien notice that has to be signed when received.
This usually gets them moving.
(1) Your company will not honor any warranty claims until the time the contract has been fully paid; (2) You will be alerting his insurance company to the fact that he did not pay the balance owed on the claim (it is possible, were they to push it, that he would then be guilty of insurance fraud - he knowingly profited from a claim); (3) You will alert the shingle manufacturer that this wasn’t paid and there will be no warranty on the materials.[/quote]
A.D great tips but when it comes down to it some of these idiots (HO’s) have history of swindling and taking advantage of a situation for a financial gain.I had one HO that started acting very unusual so I ran her name and right there in black and white she had a total of 25 either pending court cases or dissolved. True some could whine and say well “They are dissolved” but I say history.If they are sh** bumms then they won’t pay regardless.People like that can have they’re ass kissed all week and twice on sunday and they still won’t be pleased.
One thing I am wondering is if there is any way to place a hit on these peoples credit report. I will also keep you guys posted as I am filing suit. I really want to see how the legal system will view the fact that this guy got his depreciation check- lied about receiving it- spent the money and still refuses to pay. All of this without any complaints about the roof we installed. First, we are going to ask him to agree to a judgement on the case but I doubt he will considering the interest and fees we are tacking on. One last thing is the customer works for a bank.
Call every day, send invoice daily. Wear them down to the point they are tired of hearing from you.
Send one of your roughest looking workers to their house to collect the money.
Send one of your roughest looking workers to their house to collect the money.[/quote]
Believe it or not this works.,I don’t recommend strong arming into submission but I had a HO that left his bill unsettled in the amount of $9600.00, I waited and waited all the time being a good contractor sending delinquent bills, knocking on the door etc. Well I had roofed alot of homes in that subdivision and the word got out and I started receiving updates of his purchases around the time of his REC DEP return.I took Big Sexy a 6’ 6" laborer with me to work a deal.We pull up and the HO had a nice shiny pick up in the drive and I B.S you not when I left I had another truck, I was still shy $1000.00 but that grand I have no problem forgetting about.I don’t recommend this because it could go bad quickly, I had no thoughts of hurting this guy nor would I.Following the law is the right thing to do, it seems drawn out sometimes but stepping over the law will put you and your companies reputation in harms way.