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Another one bites the dust: Can I still collect?


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Hello All. The following question would be better asked of a lawyer, I know, but hoping to leave lawyers out of it, I'll ask here to see if anyone has had similar experience and can offer advice. A local Signarama for which I have done contracting in the past has been taken over and the former managers for whom I did contract work have been ousted. The former managers were, I believe, not the actual franchise owners, and the people who took over management are and have been the actual franchise owners.

Regarding outstanding payments owed to me for work commissioned by former managers, the franchise owners tell me to pursue the former managers for the money owed. But that seems pretty useless, after all if I couldn't collect them when they were running the Signarama how much luck will I have now that they're no longer associated with the business? The amount in question is less than two thousand dollars.

I'm wondering two things about this: do the franchise owners, (who allowed the old managers to DBA Signarama), really have no legal obligation to pay my outstanding bills, and would I have legitimate grounds to file a mechanic's lien against the franchise owners? Any help will be appreciated.

Tom

Edited by tdexxx
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  • !llumenati

I doubt that your signarama can tell you to "take a flying f." I'd explain the situation again, and then contact Signarama as they do a pretty good job of policing their franchisees. If the past managers represented the franchisee - I'd stake a bet that they lose in this one. Or -------- they are hoping that you disappear into the night without a word.

You could always put the customer in the middle --------- they might get miffed if you put a mechanics lien against their sign..........

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I was promissed payment from the regional manager before one location closed down in Richmond Hill Canada. Never happened. Now when they call and ask why its prepay for all signaramas, I tell them to contact their regional manager to find out why it is prepay. Our signaramas change owners as early as 6 months, some last a couple years. No doe no go.

 

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  • !llumenati

Is the Sign-a-rama in a strip mall or a free standing building that they own the property? If it is in a strip mall then it may be possible to approach the realty company that owns the property and collect from them. I had to do that a couple of times way back when. They will collect from them by adding it onto thier rent as incidental charges. The property owners would not want a lien on not only thier said property but the company as a whole and effect any possible future purchases. If it is 2Gs they will probably just pay ya and be done with it. Maybe if you approach them the rite way you can get all thier work as well as collect what is owed to ya.

Better to try and keep the lawyers out of it for a small amount of $.

GOOD things happen for a reason......

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Here we can go to small claims court for a $50 filing fee on issues up to $2500 and let the Justice of the Peace order them to pay. I usually tack on the filing fee and any other court cost with my settlement amount. Several times when they get served and know they have no leg to stand on, they cough up the dough.

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I would be sure to check state statutes but I would place a lien on the property work was preformed. Make sure you contact the customer and to them because the may not have paid SAR guy and you may get it quick. I had a shop stiff me and I put a lien on the prop. I later found out the guy stiffed the supply house, steel dist, eng and concrete co. I feel sorry for the guy that had to pay twice for a sign but he should have gotten lien waivers. He was quite pissed and still owed the dead beat 25% which about was almost out portion due. He paid me I dont know how the rest faired.

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