Members Belva Posted November 29, 2009 Members Share Posted November 29, 2009 The problem isn't with the guitar itself. The owner is flaking out. He brought it to me for fret level, setup including deepening nut slots and pulling out the Dimarzio pups to put the originals back in. We agreed to a charge of $200. I've been calling him & leaving voice mails telling him his guitar is ready. For almost a stinkin' month! No response. Today I finally voice mailed him & informed him that if I don't recieve full payment within 30 days of completion I'd keep the guitar & his pups. 30 days is up Dec 2. He called back, says he can come up with $50 today & $50 a month until paid. I agreed. But he wants to get his guitar now. No phucking way! He aint getting his guitar till I get all my money. I don't think I'm being unreasonable. I won't post pics of the guitar or xtra pups because of possible legal hassles. What would you do? I believe 90 days until full payment is standard for auto repair in this state. But I'm not running a full fledged (read legal) business here. I just work for fun, strictly word of mouth. I'm afraid this guy's mouth will kill my sidline fun. Link to comment Share on other sites More sharing options...
Members mrbrown49 Posted November 29, 2009 Members Share Posted November 29, 2009 That really sucks. How well do you know this guy? Link to comment Share on other sites More sharing options...
Members Belva Posted November 29, 2009 Author Members Share Posted November 29, 2009 I really don't know him that well. I was referred by a friend of a friend. About a year ago I did a setup for a local guy whom I do know. He was so happy he referred me to people, who referred me to people, and so on. But I have a metal door, a deadbolt & one metal barred window in my shop. It's an old damaged railroad referigerator car that was here when I bought the place. I had to put a short wall up & I reinforced the phuck out of it. With the neighbors I have there aint nobody breaking into my "train wreck". I feel I have the upper hand here. Maybe I'll end up owning a faded SG of around '96 vintage for nothing. Also, two can play the badmouth game. But that's a sign of immaturity IMO. Link to comment Share on other sites More sharing options...
Members SoldierStape01 Posted November 29, 2009 Members Share Posted November 29, 2009 If i were in that spot here is what I would do.... One first off, in PA, leaving a product for 30 days is abandonment. Secondly for me if a customer doesn't pick up a product or is doing that kind of thing I would issue a warning. I will look and see what I have in my collection of legal documents, but I have one that says that if it has been left for 20+ days with resonable effort to contact on your part that they have 90 days from first contact to pay in full or the item will be forfited to satisfy payment of any bill. I really wouldn't worry if I were you. Print that out, spend the $10 to get it notorized at your local majistrate or district justice and send it to him. If he has a problem with it, tough {censored}, pay up... Link to comment Share on other sites More sharing options...
Members Belva Posted November 29, 2009 Author Members Share Posted November 29, 2009 Thanks Soldier. I believe 90 days is pretty much standard is every state. I have Monday off, so I'll do some legal prodding. I have a lawyer client (beautiful custom strat BTW) who'll probably give free advice as I charge him half. I was born at night, but not LAST night. I know where this flake works, so I can my GF serve him the payment demand. Link to comment Share on other sites More sharing options...
Members sfarfsky Posted November 29, 2009 Members Share Posted November 29, 2009 I'd just hang onto it, call him up every few weeks and tell him it plays and sounds great. I'd also mention the cost of a new guitar is less than your agreed upon rate. Have you offered to keep the pups and shave some off the top? Link to comment Share on other sites More sharing options...
Members roycew93 Posted November 29, 2009 Members Share Posted November 29, 2009 If he wants to play that game tell him ok $50 down $50 a month 20% interests and he gets the guitar when you get the last payment. And if he skips one payment the guitar is yours. I hope he comes up with the money; customsg just doesn Link to comment Share on other sites More sharing options...
Members katillac Posted November 29, 2009 Members Share Posted November 29, 2009 Thanks Soldier. I believe 90 days is pretty much standard is every state. I have Monday off, so I'll do some legal prodding. I have a lawyer client (beautiful custom strat BTW) who'll probably give free advice as I charge him half. I was born at night, but not LAST night. I know where this flake works, so I can my GF serve him the payment demand. Oh snap! I was all ready to respond in the typical HCAF way with "A2M/gape" but it sounds like he's heading down that road on his own. Sounds like he is making purchases/deals that his pocketbook can't handle. Tough {censored}. If it were a pawn shop, that puppy would be hanging on the for sale wall. I think you're on the right track and hopefully the legal advice you'll be getting will greatly be in your favour. I also agree that from now on, having a contract on hand can help with any future dip{censored}s. Either way, I'm totally against the guy's installment plan. Even if you kept the guitar through payments, you're still held responsible if something happened to it. For that reason alone, I'd tell him pay up or I'd keep it. If it's someone in dire straits and has a good attitude, that's one thing, but he's probably too busy spending his money on weed and Red Bull. Let him spend a weekend giving $15 blow jobs downtown. Link to comment Share on other sites More sharing options...
Members Belva Posted November 29, 2009 Author Members Share Posted November 29, 2009 Let him spend a weekend giving $15 blow jobs downtown. That would keep his mouth shut. Link to comment Share on other sites More sharing options...
Members WRGKMC Posted November 29, 2009 Members Share Posted November 29, 2009 First, If you dont have them get some carbon copy receipts the customers sign and you give them a copy. On that copy have it state, payment is due upon completion of work in full. Along with that have a % surchage holding fee for each week up to 90 ~120 days. At that point the property is considered abandoned and you can do what you want. This needs to be in your hands or you dont have much chance in small claims court being its your word against his. In fact you can take him to court demanding payment and then cancel the appearence when the guy all of a sudden coughs up the money really quick. Under no circumstances give the guy his guitar back until full payment is made, in fact make him pay the entire amount at once. Let the guy know you arent a bank or pawn shop that loans money and accepts weekly payments. The guy shouldnt have agreed to an amount if he didnt have the money set aside to do the work to begin with. In fact thats the exact reason why our economy sucks because people think they can live off borrowed cash and its biteing them in the ass now. Tell him another 30 days or the thing goes up for auction on Ebay. If he wants to take a chance on bidding on it then he may get it back. Link to comment Share on other sites More sharing options...
Members nanobug Posted November 29, 2009 Members Share Posted November 29, 2009 For a summer I helped a family friend with some roofing contracts. We did a roof of a local motel, and the owners wouldn't honor the payment agreement. So we went back on the roof and started ripping up shingles. All of a sudden the money appeared. I don't know that ripping out the pickups is the right thing, but I would take the same approach and just tell the guy, you're going to get your money either from him or from ebay, his choice. Link to comment Share on other sites More sharing options...
Members SoldierStape01 Posted November 29, 2009 Members Share Posted November 29, 2009 I would have loved to see their face when the shingles started flying back off the roof.... priceless Link to comment Share on other sites More sharing options...
Members Belva Posted November 30, 2009 Author Members Share Posted November 30, 2009 I guess it's time to go legit. Time to get a business license, make up some repair orders and even pay taxes. Time to find a cute tax accountant that needs a boyfriend. Threatening to Ebay the guitar sounds like a good idea. Another consideration is the value of the guitar. If I sell it I'll make way more than the money he owes me. So I wouldn't consider small claims court. If he takes me to court I'll make sure I did everything legal. Any judge would laugh him right out of the court room. Link to comment Share on other sites More sharing options...
Members SoldierStape01 Posted November 30, 2009 Members Share Posted November 30, 2009 Yea... the profit you would make off the difference I would chalk up for storage of such instrument and compensation for the hassle it caused you.... Link to comment Share on other sites More sharing options...
Members Belva Posted November 30, 2009 Author Members Share Posted November 30, 2009 I just wish people didn't do this type of {censored}. BTW I just got a call from my first customer. I told him the story. This Ahole was kicked out of is band because of always being late & drinking too much during gigs. He also told me that this guy has pulled this {censored} on the enough local repair shops that they won't work on his gear any more. He also knows a guy who may be interested in buying the guitar. The ultimate revenge. Seeing a local guy gigging with HIS guitar. Link to comment Share on other sites More sharing options...
Members ConfessorT Posted November 30, 2009 Members Share Posted November 30, 2009 Sorry to hear about your flaky customer, but sadly I've come across this scenario all to often especially if you're being a tech "on the side". There seems to be a prevalent attitude amongst some people that just because a tech enjoys fixing up guitars etc that they're a charity. I operate on two rules now because of this: 1) A deal's a deal. 2) Payment up in front and in full. Sadly customtele you've found out the real issue. The guy is evidently a borderline alcoholic who'd rather piss his income away rather than pay his debts. Holding onto the guitar is the only leverage and collateral you have. If you give it back I predict he'll renege on his obligations in a heartbeat. Link to comment Share on other sites More sharing options...
Members StevenJM Posted December 2, 2009 Members Share Posted December 2, 2009 oh man, DO NOT give the guitar back. Link to comment Share on other sites More sharing options...
Members Average_Joe Posted December 2, 2009 Members Share Posted December 2, 2009 Send him one of the tuners off the guitar and a note: Link to comment Share on other sites More sharing options...
Members Belva Posted December 2, 2009 Author Members Share Posted December 2, 2009 I made a payment demand letter, got it notarized & served to him at his place of employment. In the letter I explained that full payment is due by 03/01/2010. That gives him 90 days from the first contact when I had the thing ready. He promptly called me, threatened bodily harm and said he's gonna take me to court. No he won't get his guitar back until I'm paid in full. BTW my current GF and my father are both as good or better shots than I am. And I last scored a 496 out of 500. She also has a mean streak. Could get interesting. After the threat I told him to stay off of my property and meet me at a public spot when he has the money. I also plan on wearing out the new strings I just put on it. Phuck him. Link to comment Share on other sites More sharing options...
Members SoldierStape01 Posted December 2, 2009 Members Share Posted December 2, 2009 haha tell him if he really wants to take you to court to do so that it will save you the court costs and get you your money quicker... what a dumb {censored} Link to comment Share on other sites More sharing options...
Members Belva Posted December 2, 2009 Author Members Share Posted December 2, 2009 Joe, I like the ransom note. Soldier, I did encourage this guy to take me to court and stated that exact reason. I'll bet he's in a bar somewhere drinking the money he could be giving me for his guitar. Been there, done that myself.Only with me it was the rent money. Alcoholism & other chemical dependencies runs rampant amongst musicians. Fortunately I got sober before it was too late. Link to comment Share on other sites More sharing options...
Members roycew93 Posted December 2, 2009 Members Share Posted December 2, 2009 Hay tele you could always go on Judge Judy. Yeah for guys like us who Link to comment Share on other sites More sharing options...
Members nanobug Posted December 2, 2009 Members Share Posted December 2, 2009 {censored} that. The guy lost my sympathy when he threatened physical violence. You should have called the police and reported it. Seriously, at least that way its on record in case he does try something and they have to come scrape his SG-battered remains off your shop floor. Link to comment Share on other sites More sharing options...
Members Belva Posted December 2, 2009 Author Members Share Posted December 2, 2009 Caller ID is great. My GF listened in on our last conversation. I got a restraining order this morning. Got a witness to the threat as well.I also have the option of putting the guitar in poloce impound pending payment. If this guy does lose his guitar I'll play a few pickup gigs with it. Just to piss him off. Then I'll first let the good folks @ HCDIY know it's for sale. Save me Ebay charges. Link to comment Share on other sites More sharing options...
Members i386 Posted December 2, 2009 Members Share Posted December 2, 2009 What a jackass. I hope you get this matter resolved soon. Link to comment Share on other sites More sharing options...
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