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RE: Clients & Credit

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As far as I know, you are correct and the same conditions apply in
California. I, too, have rarely received more than a compromise on my claims
(unless the client default - which happened one time when the client turned
out to be in jail (he was one of my first bottom feeders - but what did I
know?)).
Small claims judges are "Judge ProTem's" who are nothing more than lawyers
serving time on the bench. The courts here also urge the two sides to
arbitrate.
Getting to a judgement is a long process - one that I found out today I will
need to take for the fourth time in 12 years.
Here is one tip we have in California:
If you hire a service to do the paper and leg work of filing and serving,
the judge will reimburse it. However, if you do it yourself and try to get
compensation for the time spent -you can kiss it goodbye.
Services are not too expensive and really come through when you want to
follow through to a judgement. The best response I've had was using a
service in Los Angeles. In the Palm Springs area, I have not been so lucky
since there are very few services here to choose from and they are not as
professional.
Thanks for you response.
Dennis

-----Original Message-----
From: Roger Turk [mailto:73527.1356(--nospam--at)compuserve.com]
Sent: Wednesday, April 15, 1998 2:55 PM
To: seaoc(--nospam--at)seaoc.org
Subject: RE: Clients & Credit


Dennis,

Unless the person from D&B that called you started out by asking you to
subscribe to their service and did not ask for financial information, I
would
suspect that he was calling based on an inquiry they had received.

I am getting very suspicious of telephone contacts to the point where I do
not tell people any financial information, what equipment I have or don't
have, what services (telephone, computer, etc.) I use or don't use, etc.
They could tell me that they were the President of the United States and as
far as I am concerned, they are only a voice on the telephone.  (Come to
think of it, I wouldn't tell *him* anything, anyway!)

I believe that most credit reporting bureaus do pick up information off of
public records, however, Justice Court (small claims court), where you and I
would most likely be filing a claim, is not a "Court of Record," if I have
my
terms correct.  If I am not mistaken, it would only be when you get a
judgement in Justice Court and you record the judgement with the county
recorder would it become a public record.  (Justice court in Tucson (Pima
County) is terrible.  You will rarely get the full amount that you claim.
The JP, who doesn't even have to be a lawyer, will usually cut it in half.
That is what happened to me when I even had a signed note from my client
saying he would pay me the balance of the bill!)

I also believe that you have to subscribe to a credit reporting service
before you can report stiffs to them.

A. Roger Turk, P.E.(Structural)
Tucson, Arizona

. > From: "Dennis S. Wish" <wish(--nospam--at)cwia.com>
. > To: <seaoc(--nospam--at)seaoc.org>
. > Subject: RE: Clients & Credit
. > Date: Wed, 15 Apr 1998 13:10:14 -0700
. >
. > Roger, I received a call from them last week. I thought as you did that
. > someone had queried me but toward the end of the phone call realized
that
. > they wanted me to subscribe to their service or some such sales pitch. I
. > have never used D&B for my engineering practice since I do not deal with
. > large or even mid size offices.
. > My gripe is that you must be a very large business to be able to report
. > late payments or defaults to a credit reporting service, but have no
. > recourse to being equally trashed by the mega companies you might owe
. > money to. How nice it would be to simply send a letter to whoever the
. > latest and greatest credit agency is (since I believe TRW is no longer
on
. > top) to report that the small developer who hired you stiffed you for
. > payments. Yet, if your late with your credit card payments because your
. > client stiffed you, a mark is placed against you. Fortunately, I have
not
. > had problems with credit over the last six or seven years, but when I
was
. > starting out we could barely keep our heads above water and our credit
. > report was quick to bear this out. Another big business advantage over
the
. > little guy.
. >
. > Dennis
. >
. > PS. It would also seem reasonable that if you win a judgment against a
. > client in court that the judgement be attached to the clients credit
. > report. This is only the case if the judgment was one by a company large
. > enough to susbscribe the reporting agencies service.
. >