How can you legally collect past due payments for monies due to roofing company? 18 Answers as of August 15, 2011

My husbands company has about 1.9 million dollars out that has yet to be collected from home owners. These customers have already had services complete at their homes and they will not pay. How can they legally collect those monies due? (didn't really know what category to put this under)

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Raxter Law
Raxter Law | Jeremiah Raxter
Yes, a company can legally "sue" or enforce any contract they have entered into. You need to speak with a attorney who specializes in Collection law, or business law. Good luck!
Answer Applies to: California
Replied: 8/2/2011
Palumbo and Kosofsky
Palumbo and Kosofsky | Michael Palumbo
Our office can bring lawsuits against the debtors. He can also file mechanic's liens. Call us toll free at 1-877-996-6849 for a free, no obligation consultation.
Answer Applies to: New York
Replied: 8/1/2011
The Law Offices of Mark Wm. Hofgard, Esq.
The Law Offices of Mark Wm. Hofgard, Esq. | Mark Hofgard
There are two ways to collect: 1) lawsuits on the contracts you have with each homeowner, and 2) file and foreclose on a mechanics lien for labor and supplies pursuant to Article 22, Colorado Revised Statutes. This must be done within six months after the last labor, service, or materials was provided. Is there one or more insurance companies who may be responsible for the work?
Answer Applies to: Colorado
Replied: 8/1/2011
Law Offices of Timothy G. Kearney, LLC
Law Offices of Timothy G. Kearney, LLC | Timothy G. Kearney
If he has done the work within 90 days he can file a Mechanic's Lien against the property. If its past the 90 days and he has a written contract he has up to 6years (in most cases) to brig a collection action against them. I would advise you, at a minimum, to discuss these matters with an experienced collection attorney.
Answer Applies to: Connecticut
Replied: 8/1/2011
Frances R. Johnson
Frances R. Johnson | Frances R. Johnson
This is a lien issue. I highly suggest your husband contact an attorney for assistance. While he could attempt to place a lien against the homes on his own, there are potential penalties for multiple (exemplary) damages and attorney fees if a lien is not properly filed against a home. An attorney who does civil litigation or property law should be able to assist him.
Answer Applies to: Colorado
Replied: 8/1/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    Hire a collections attorney. You will have to pay the expenses but the lawyer will work on a one third contingency
    Answer Applies to: New York
    Replied: 8/1/2011
    Durgin Law, LLC
    Durgin Law, LLC | Matt Durgin
    Sue. Chapter 61 for collection actions. You can also use small claims but if you don't know how to collect once you have a judgment you would be better off in the limited actions of chapter 61. There are many collection attorneys who specialize in this area because it really is all about money. If you don't pay your bills your creditors sue you using collection attorneys. You can do the same to your non-paying clients.
    Answer Applies to: Kansas
    Replied: 7/31/2011
    Bagwell Holt Smith Jones & Crowson, P.A.
    Bagwell Holt Smith Jones & Crowson, P.A. | John G. Miskey IV
    Our firm practices in the areas of real estate and litigation. I would like to offer you and your husband a free consultation to discuss collection of these outstanding funds, potentially on a contingency fee. You may be much more successful with an attorney. We practice throughout the state.
    Answer Applies to: North Carolina
    Replied: 7/31/2011
    Durgin Law, LLC
    Durgin Law, LLC | Pearl Hsieh
    You sue them in small claims court if the amount owed is low-less than $5000. No attorneys allowed and the process is meant for non-attorneys. Otherwise you could hire a collection attorney to sue and collect on your behalf. Many, but not all. Will do it on a contingency fee meaning that they get paid a portion of whatever they collect. No collection no pay.
    Answer Applies to: Kansas
    Replied: 7/31/2011
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    You can collect by asking for payment. If they don't pay, you sue them. I have been doing that kind of lawsuit since 1987, and I would be happy to assist you. Please give me a call.
    Answer Applies to: New Jersey
    Replied: 4/20/2011
    Attorney Paul Lancia
    Attorney Paul Lancia | Paul Lancia
    I can help you with this. I specialize in representing construction companies. There are a number of ways to collect the money including freezing bank accounts, placing liens on property and obtaining court orders preventing individuals and corporations from transferring assets until your husband's company is paid. If you would like further information, please call me. I am available days and evenings and am available to meet with you and or your husband at his office.
    Answer Applies to: Massachusetts
    Replied: 4/20/2011
    Law Office of Sam Levine, LLC
    Law Office of Sam Levine, LLC | Sam L. Levine
    What a hassle. I am sorry that ya'll are going through that. Your husband needs to retain an attorney and consider filing suit. For those amounts of $15,000 or less, suit in the state of Georgia can be filed in small claims court & can typically be done without an attorney. Good luck.
    Answer Applies to: Georgia
    Replied: 4/20/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    I would assume that he has already filed liens. He may need to retain counsel to discuss the option of filing suit. Good luck.
    Answer Applies to: Georgia
    Replied: 4/20/2011
    Law Office of Neal L. Weinstein
    Law Office of Neal L. Weinstein | Neal L. Weinstein
    Each state has mechanic lien laws. In Maine, the lien needs to be filed within 120 days of the last work done on the property, and a lawsuit is required to perfect he lien. If this is done, the lien comes before the mortgage, if the homeowner refuses to pay and the property is sold to pay off the lien. This means that the homeowner will pay or the mortgage company will pay, to avoid losing the property. If it has been more than 120 days since the work was last done, a simple lawsuit can be filed where the homeowner lives. Once a lawsuit is filed, a homeowner must respond within 20 days or a default judgment can be obtained against the homeowner. If judgment is granted, an execution lien can be filed against the property, again affecting the mortgage, and you could also garnish the homeowner's wages.
    Answer Applies to: Maine
    Replied: 4/20/2011
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