Update: Collecting from appraiser

[Monica (N GA)]

Last month I posted a question about collecting from an appraiser that I used to work for. Thanks for all of the constructive advise and the sympathetic support. It was a boost to know what ya'll thought of him. I have now whittled it down from $5700.00 to $647.00. Yesterday he sent me an e-mail basically explaining why he still couldn't pay me the rest of what he owed me and then began to blame me for his financial crisis and lack of business sense. After he p***** me off he then added that if I felt that I needed to add anything extra to what he owes me for all of the hassles that I have had with him then I should include it in a new total and send it to him. My question is would you do this and if so, what amount do you think is fair :?: On the one hand I just want what I am due for the work I have done and should not take advantage of the situation but on the other hand I would not hesitate to charge a lender who was this far past due late fees and interest. This has been going on since late october and covers approximately 30 phone calls, 15 e-mails, and 5 faxed letters and invoices. Most of the phone calls have been on his toll free number and sometimes lasted an hour (until he had that line temporarily turned off for overuse). I have also made 4-100 mile round trips to pick up a check because he bounced 2 checks to me and my bank won't accept them anymore, therefore I drive up there, cash the check at his small town local bank and drive home and deposit the cash. He has refused to send me certified funds to avoid this problem. The best I can figure (and that ain't too good) is that I have approximately 50 man-hours, 45 minutes of long distance calls and 420 miles on my truck invested in collecting this fee.

What are your thoughts?

 

[wyecoyote]

The only question I have is, did you have anything in writing about collecting fee's from him, as far as late payments interest due and time spent?

If not consider billing him for any bounced check charges and chalking it up to experience.

Ryan

 

[Monica (N GA)]

Ryan:

The only thing that I have in writing is the e-mail that he sent me stating to add what I wanted to the charges. He has already paid me for the bounced check charges.

Monica

 

[Mountain Man]

Monica,
I don't think you would or could get any extra for hardship. Padding a bill because you are mad might make it harder to collect the remaining $647. I am glad to know that you got most of it. I say get what is owed to ya', and just enjoy the nice drive to get your next check. Make it fun, go a little further and stop by the trout farm on 197 to take some fresh fish home. 8)
Mell.

 

[Monica (N GA)]

Mel: That is my thinking exactly but I wondered if I was being a little soft considering he did offer to pay it.

I used to live off of 197 and I miss the fresh fish and the Batesville General Store (or atleast I did before they changed ownership)

Monica

 

[Mountain Man]

Perfect excuse to stop by.

 

[Dave Smith]

Monica:

I use my wife's philosophy on money owed to me by others. She tells me to keep the debtor on the hook, just a little bit. That way the debtor can't really think the whole debt issue is ever completely over with.

Get your $647.00 and smile. He will always remember that you didn't go for his throat... or lower. He will always remember that he still owes you to some degree, and that is better than having him think his debts are paid in full.

That's my $.02 worth.

 

[Larry Lyke]

Hy, Monica --

You're already a winner.

Get the $647 by telling him if he pays you right away, you'll forego making rest of his life miserable.

The payback will really come when the word about the situaion gets out to his Clients and they look to you. And it's hard to not see it coming: Slow-pay and no-pay eventually becomes common knowledge.

When you've got cash in hand, solicit yourself some new business on the way home with the dead fish!

 

[jtrotta]

I've learned not to be nice anymore, nobody cares if your nice; get your money and the cost of the bounced checks Thats what is owed, and he offered, collect :!:

Tell your mortgage Lender that your a real nice person, but you haven't got their money or better yet send them a "Rubber Check" and see how nice they treat you 8O and aks them not to put you on a "late list" - see how far that gets you 8)

 

[Frederick R. Ruffell]

I am with Jtrotta. No wonder the lending institutions feel that they can set our fee schedules and dictate terms that violate USPAP. Untill appraisers start acting as professionals (i.e. using standard business practices) we as an industry will never be taken seriously.