Contractor threatening to go to collections

Contractor threatening to go to collections

Grand Rapids, MI · Member since 2017 · 64 posts · 23 votes

Problem: Fire next door caused damage to our house.

Solution: Hire company to fix house.

Should and could have been just that easy, however as the process went along with this guy we grew uneasy and eventually backed out of the eventual bid contract and went another direction. The contract was successfully terminated (and in the contract states there will be no charge for termination within time period) however we just received in the mail (Merry Christmas to us) an invoice for $1200 for his time coming out to our property (6 trips he estimates, which I doubt), and his time spent negotiating with insurance on our behalf. None of this was discussed or contracted as being a charge. 

Only conversation that alluded to paying anything was when I called him to cancel the project I said something along the lines of, "happy to give you something for your time (my thought being like $200 because I'm a softy)." In that call he got pretty nasty and said he would send me an invoice (to which I never agreed to). This conversation was 6 months ago, only just now received this "invoice."

Called him today and in the end I just said I never agreed to pay for these services and will not be paying this invoice. He proceeded to say the next step is collections, to which I said okay, end of call. 

Does he have any kind of standing whatsoever? Feel like if he submits to collections it's just part of his process (or emotions) and has no merit. 

My current plan is if he does go there to send to the collection agency via certified mail a written statement saying I do not owe the money. 

Thoughts and experience on this matter?

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Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
7y

I agree, you are all good.  “Six months later” he’s just looking around seeing if there’s some easy money he can pick up somewhere....don’t give it another thought.

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  • Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
    7y

    I agree, you are all good.  “Six months later” he’s just looking around seeing if there’s some easy money he can pick up somewhere....don’t give it another thought.

  • Real Estate Investor · Austin, TX · Member since 2016 · 114 posts · 49 votes
    7y

    Right steps. IF it goes to collection, dispute it along with "proceed with litigation".

    Collection agency won't sue, and if they (or the contractor) did, they'd lose anyway.

  • Grand Rapids, MI · Member since 2017 · 64 posts · 23 votes
    7y

    @Wayne Brooks

    Said he sent out multiple notices...interesting how we've only ever received the one letter and never a phone or email call. Apparently he needs to make a few more trips to our house to know where to send these "notices" too.

    Thank you for your insight, that was definitely my assumption that he's just "shaking the tree." Curious to know, in your experience how have you encountered things like this? 

    Also interested to know what everyone's process is for bringing on a contractor? Do you make a contract to have them sign going over scope of work?

  • Grand Rapids, MI · Member since 2017 · 64 posts · 23 votes
    7y
    Originally posted by @Gagan P.:

    Right steps. IF it goes to collection, dispute it along with "proceed with litigation".

    Collection agency won't sue, and if they (or the contractor) did, they'd lose anyway.

     Can you elaborate on "proceed with litigation"? Thank you for your insight!

  • Real Estate Investor · Austin, TX · Member since 2016 · 114 posts · 49 votes
    7y
    Originally posted by @Jay Kadlec:
    Originally posted by @Gagan P.:

    Right steps. IF it goes to collection, dispute it along with "proceed with litigation".

    Collection agency won't sue, and if they (or the contractor) did, they'd lose anyway.

     Can you elaborate on "proceed with litigation"? Thank you for your insight!

    I may be off on the wording, but essentially you want to dispute anything the collection agency sends (lots of sample dispute letters online), and could add a line that says "if you believe this is a valid debt, you may proceed with a court action, which I shall defend."

  • Grand Rapids, MI · Member since 2017 · 64 posts · 23 votes
    7y
    Originally posted by @Gagan P.:
    Originally posted by @Jay Kadlec:
    Originally posted by @Gagan P.:

    Right steps. IF it goes to collection, dispute it along with "proceed with litigation".

    Collection agency won't sue, and if they (or the contractor) did, they'd lose anyway.

     Can you elaborate on "proceed with litigation"? Thank you for your insight!

    I may be off on the wording, but essentially you want to dispute anything the collection agency sends (lots of sample dispute letters online), and could add a line that says "if you believe this is a valid debt, you may proceed with a court action, which I shall defend."

     Got it, thank you for the elaboration! 

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