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Started By
Message
Lawyers of the OT, how do I collect on an unpaid invoice?
Posted on 2/13/17 at 2:37 pm
Posted on 2/13/17 at 2:37 pm
My very small business sold a part to a very large, national, well-known chemical company for use in their local plant. The invoice is close to $15,000.00. Terms were 30 days. They are now over 100 days late paying the invoice.
I've been getting the run-around from their "accounts payable" team which is clearly located in India or some other foreign country based on the cryptic email replies I receive. Local people can't help because they are "not accounts payable."
Apparently, the accounts payable department paid Fed Ex of all people instead of us. They keep saying they "paid the invoice" and show us the cancelled check which shows it was made out to Fed Ex and deposited by them. In the meantime, we have not been paid.
When we explain this in an email [multiple, multiple times], they reply weeks later with another dumb question like, can you send us a copy of the invoice [already done a million times] or can you "double check your records to make sure you haven't been paid?" or other nonsense. Then we wait weeks again for a reply.
After 30 years in business, this is really the first time we haven't been paid, so we don't know what to do. If I hire an attorney, does the chemical company have to pay his fees once they are ordered to pay the invoice [which will happen -- this is very clear-cut]? Can I file something myself in a local court? I really don't know where to begin as there isn't much profit built into this particular transaction and I'm trying to keep the overhead in solving the issue low.
I've been getting the run-around from their "accounts payable" team which is clearly located in India or some other foreign country based on the cryptic email replies I receive. Local people can't help because they are "not accounts payable."
Apparently, the accounts payable department paid Fed Ex of all people instead of us. They keep saying they "paid the invoice" and show us the cancelled check which shows it was made out to Fed Ex and deposited by them. In the meantime, we have not been paid.
When we explain this in an email [multiple, multiple times], they reply weeks later with another dumb question like, can you send us a copy of the invoice [already done a million times] or can you "double check your records to make sure you haven't been paid?" or other nonsense. Then we wait weeks again for a reply.
After 30 years in business, this is really the first time we haven't been paid, so we don't know what to do. If I hire an attorney, does the chemical company have to pay his fees once they are ordered to pay the invoice [which will happen -- this is very clear-cut]? Can I file something myself in a local court? I really don't know where to begin as there isn't much profit built into this particular transaction and I'm trying to keep the overhead in solving the issue low.
Posted on 2/13/17 at 2:39 pm to amgslg
congrats, you'll end up getting 7k in your pocket.
Posted on 2/13/17 at 2:40 pm to amgslg
start by getting to their corp offices rather than the AP Dept
Posted on 2/13/17 at 2:41 pm to amgslg
Find out the CFO's name and start pursuing him and any other officers.
Posted on 2/13/17 at 2:42 pm to amgslg
Go see the plant manager. Tell him you will be filing a lien with the Sheriff's Office and seeking a court order to seize the part (which could halt production).
Posted on 2/13/17 at 2:44 pm to amgslg
Who placed the order for the part? That's who you need to be dealing with, not some ornery underpaid gal in accounts payable. The guy with the authorization to write a 15K PO is who you need to be talking to. He can get you in touch with the guy that can cut the check
Hopefully you filed a UCC-1
Hopefully you filed a UCC-1
This post was edited on 2/13/17 at 2:45 pm
Posted on 2/13/17 at 2:45 pm to amgslg
I used to work for a place that could teach a clinic on how to avoid paying invoices. We would get put on hold routinely which was really the only way to get the attention of the head of the AP dept.
Posted on 2/13/17 at 2:46 pm to jbgleason
You cant file a lien this late in the game.
ps - and the only way you can "seize" a part is if you filed a UCC-1 with the original order which means you still own it until you get paid.
.
ps - and the only way you can "seize" a part is if you filed a UCC-1 with the original order which means you still own it until you get paid.
.
This post was edited on 2/13/17 at 3:02 pm
Posted on 2/13/17 at 2:46 pm to Swagga
quote:
We would get put on hold routinely which was really the only way to get the attention of the head of the AP dept.
Not really the case here since it sounds like a one off part and OP isn't a tier 1 vendor for said plant
Posted on 2/13/17 at 2:46 pm to The Mick
If you have a UCC-1 on file then you can
Posted on 2/13/17 at 2:48 pm to jbgleason
quote:
see the plant manager. Tell him you will be filing a lien with the Sheriff's Office and seeking a court order to seize the part (which could halt production).
This works. If you really are strapped for cash you could sell the debt to a collections agency. The fact that you're dealing with a well established company means you'll probably get most of your money owed.
Posted on 2/13/17 at 2:49 pm to Riseupfromtherubble
I agree but I doubt he has that.
Posted on 2/13/17 at 2:49 pm to amgslg
quote:
I've been getting the run-around from their "accounts payable" team which is clearly located in India
I know exactly who you are talking about.
My company deals with them frequently. We get calls daily from "expediters" in India asking about material that may or may not have been purchased at a branch hundreds of miles away. You can't explain anything to them, they just keep repeating non sense.
Posted on 2/13/17 at 2:53 pm to The Mick
quote:
You cant file a lien this late in the game.
ps - and the only way you can "seize" a part is if you filed a UCC-1 with the original order which means you still own it until you get paid.
Summary: stop giving bad advice and talking out of your a-hole.
I didn't say to do it. I said, very clearly, to go see the Plant Manager and tell him you are going to do it. In other words, go see the guy who has some authority and let him know politely that you are serious about getting paid. OR he can take your advice and say "damn, too late and no UCC-1 guess I should eat that $15k." I have had lots of success in situations like this by looking people in the eye and telling them what I need. So take your last line and shove it up YOUR arse. Dick.
ETA. I forgot that you are a lawyer. Your solution, I am sure, is "Pay me half of what you are owed" and I will look into it for you before sponging off you for a couple of grand more. I just know you guys hate it when we solve problems ourselves like grown ups instead of suing each other.
This post was edited on 2/13/17 at 2:55 pm
Posted on 2/13/17 at 2:56 pm to amgslg
(no message)
This post was edited on 8/8/20 at 10:13 am
Posted on 2/13/17 at 2:58 pm to jbgleason
Who said anything about filing suit? I recommended he go to the CFO instead of a clerk.
and my apologies for offending you.
and my apologies for offending you.
This post was edited on 2/13/17 at 3:00 pm
Posted on 2/13/17 at 3:05 pm to amgslg
Take a pic of some busted up knuckles and send the pic to the CEO. With a note that says "You're next"
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