I feel as if I am in quicksand
Hi, I am a divorced Mother of two college aged children. When I got divorced eight years ago, I had enough money to …
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I am a small business owner who is about to scream! I work as a computer software development company (and also support computer networking). I have several clients, although for the last few years it has become more and more difficult to collect for services rendered.
Now, things have gotten so bad that I am literally going to be homeless in a few days, as I am out of options to even come up with the money to pay the rent. As I speak, I have almost $20000 in receivables, but cannot collect it. I just got off the phone with one client (actually two--they recently split into two companies owned by the same person). They are disputing my invoices. I bill by the hour. In fact, the controller of the company is disputing 2 hours of work that I completed THIS MORNING WITH HER ON THE PHONE THE ENTIRE TIME (it was remote telephone support). She is disputing that it took so long (although she agrees we were on the phone for 2 hours). Her problem was a complex one, due to corruption in her Exchange email database (those who work with this stuff will understand that 2 hours is actually LOW). What can I do???? I invoice for the amount of time it takes. IN FACT, I EVEN DISCOUNT CHARGES IF I FEEL IT UNFAIRLY TOOK TOO LONG DUE TO DO SOMETHING BECAUSE I MADE A MISTAKE. Then, after this, I spoke to another client who has an ongoing project that just got completed. I called asking if I could get paid some of the money that is left on the contract (they paid half up front). The project is completed and they are very happy with the results--I confirmed this on the phone. And, what answer did I get on payment? They have no money and can't pay me anything for at least another month!!! Then, I asked this lady about her husband's business, which is a restaurant that owes me about $6000 and I have placed into collections. She informed me that he closed the business and that he has no money to pay me or anyone!!!! He absolutely refuses to return phone calls. Some of the money is for equipment that they have in their posession. I'm down to one client left that I can collect from right now and quite frankly, I'm afraid to call him because he keeps "losing my invoices" every time I send them. This is yet ANOTHER client who is happy with my services. My bills are through the roof. I'm paying so much in late fees because of my clients paying late that I am not making any progress. My car was almost reposessed last month (it's a cheap car--not something expensive). I spoke to the bank and there is nothing they can do with short-term loans or lines of credit because my financial situation is just not good enough. My contracts are very specific about being non-negotiable, etc. I charge late fees (like that works when they just don't pay them either). At this point, I am going to have to probably take this one client to court but I don't even have the money to do that anymore. And, even if I win, I will probably never see the money. I am really out of options. Anyone know of a good cardboard box available that I can sleep under? I'm serious! Posted on 06/27/08, 12:06 pm |
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My father is a small business owner doing contract stuff for construction and he has the same complaints about getting paid. I am sorry that I have nothing to offer to help you collect your due funds.
But, you can always report these businesses to the better business bureau for not paying their bills on time. Or maybe contact a local new agency that investigates things like this and have them go knocking on some doors with cameras. Wishing you peace and strength.
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Is it possible that you can go out and get a 9-5 job with a company that works in your field. I know it doesn't help with your present situation but you might be able to have money soon and then you can get a new place and catch up on your car. If the bank knows you have a for sure income they might be willing to work with you more....Just my two cents...
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If the business that went under was not incorporated, you can go after the owner's personal assets in place of payment. this may give them to motivation they need to find what they owe you.
The only other suggest is to ask for proof of available funds for payment to you...perhaps an escrow account...rare that it is done in your line of work but who knows.
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9-to-5 job: not possible as there are very few of those still available down here in my line of work. Most of them have been outsourced to India. And the rest want you to be exclusive (non-compete, etc) and I am under contractual requirements (with the few clients that STILL pay on time) to provide them support 24x7. Not possible when one has a regular job--tried that before and got fired because they were jealous. (not to mention that I usually gave them 80 hrs a week but got paid for 40, and never took a vacation or time off in 5 years, and designed most of what ran their 7500 employee operation, IN ADDITION to running my own business). When they fired me, it took FOUR new hires and a year to replace me! Computer work is a bitch, as most companies do not see computer work as a profit center--they see it as an expense. Also, this does not help in the short term (I need rent by next week).
The business that closed was an LLC, so I've been told there is nothing to go after. The one that is disputing charges is an S Corp (a multi-million $ one--an airline). I was told by another client that I cal slap a lien on them, but I know it's not a mechanic's lien as Florida is very strict on who can do that (I cannot). Anyone know more about this? I always thought there was no lien ability for computer businesses in Florida, but maybe I'm wrong?
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Sorry to hear about your situation. I've faced times like yours before, back in 96. Lost business, home, car, life, dignity and almost the will to live. Not much I can offer but do the best that you can in trying to collect your monies due, call everyday if needed.
I'm facing the same but in the opposite right now, just wrote two medical creditors to back off and leave me alone. Informed them that they will get some sort of payment every month until paid in full. Is there any way that you can get them to agree to make some form of monthly payment to you? You can always go to court and get judgments placed on them, will screw up their credit rating until they pay you off. Not much help but it might do something. Find your inner strength and carry on the best that you can. I know at times it seems as if you can't and won't be able to move forward and it will never end but everything changes. If you need me, I'm here for you and you're in my thoughts and prayers!
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A guy on another message board gave me a copy of his credit application and standard contract and there were a few useful things in there. I spent yesterday updating my contracts and Monday, all of my clients will be required to sign updated contracts. At least with some of the new things in there, I may have a little better chance in court.
I let my guard down with the restaurant because they were a formerly good client. I have to learn not to do that. And the one that is questioning my invoices--that owner is so damn manipulative that he can sell ice to an eskimo. I need to be tough with him--it's the only way. As for payment plans, I would be HAPPY if they would agree to that. In fact, the restaurant was making payments until they suddenly stopped returning my calls. Can't accept payments if they won't communicate!
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