wow....Months huh?  That's bad...

A couple of things we do.... <long rant/reply>

1.  We charge one months security fee up front.  That protects us during 
the billing cycle. At the end of 30 days they get an e-mail or phone 
call about being in arrears. No payment in 10 days????  Off they go.  
$50 reconnect charge to go back on.  The chronic customers pay that.  It 
gets waived for the first time in most cases.

2. The contract states that the equipment will be removed upon 
termination or 30 days after default.  We send the customer a 
registered, certified letter requesting three dates and times we can 
come and remove the equipment. These have to be during regular business 
hours. If they fail to reply it goes on the bill. We will not go on the 
customers property and retrieve equipment without approval because there 
is no way to know if the property is owned by them or leased. Always 
make sure there are two people when making equipment collections. 
Preferably someone who will be articulate in court or in front of a cop 
if something goes sour during the removal attempt.

3. Our contract states they own everything as part of the initial 
installation fee except the radio and antenna.  We never remove cabling 
or mounts because we don't want to hear "since you removed the cable my 
roof leaks" BS.

4. The contract states that the subscriber unit is worth $850. That 
includes the radio, the time it takes to order it, the time it takes to 
program it, the time it takes to engineer the radio into the network and 
PROFIT. After all, that is why you are in business.

5. Finally.....EVERYONE goes to small claims court. I don't waste my 
time with collection agencies. Some of these guys could be more 
detrimental to your business than court. I don't let anyone walk away 
with MY money.  I did what I said, we had an agreement, they signed and 
approved it and they did not do their part. Stand your ground. There are 
too many people out there that think they can get away with not paying. 
This is not the way it use to be but the world is a changing boys and 
girls.  Keep good records and make a paper trail leading to their door. 
No threats or accusations towards the customer. Its real simple....I 
just want my money and we will turn the system back on and we will act 
like nothing ever happened (until next month when that customer may try 
it again). And we NEVER let anyone out of the contract without paying 
SOMETHING. Again, you did your part now its time for the customer to do 
theirs. If you purchased a nice new truck last year you can't just say I 
don't want it anymore and I am not going to make any more payments, let 
me out of my contract. WRONG!    Just because your contract is only for 
$59 a month or something similar does not mean it should not be any more 
enforced than their mortgage contract. Its YOUR MONEY...NOT THERES.

In closing, my experience is that most people get the paperwork from the 
court and the check comes in a few days later. You may also offer the 
customer 80 cents on the dollar as a good faith gesture just prior to 
going to court to settle the case.  Judges and administrative 
law/hearing officers love to see an effort on your part to lighten the 
courts calendar load and settle your own disputes. It is one more thing 
that will shine on your behalf when you finally make the appearance 
before the court.

BTW:  After 14 cases in small claims court I have only not succeeded in 
one case where the terms for determination of dispute was arbitration. 
The court stated it had no jurisdiction and referred us to arbitration 
and we elected not to pursue the case because arbitration is EXPENSIVE!  
Don't ever sign a contract that states issues will be resolved by 
arbitration. 

Don't be afraid.....Its your money...GO GET IT.

Good Luck

Bob


Chuck Hogg wrote:
> I've got a few non-paying subs, that we would like to get payment on.
> It has reached over $1k from 4 subs over the past 6 months.  Do you just
> cut your losses and move on or what do you do?  I'm contemplating small
> claims court as it should be an open and shut case, but it's $91 in fees
> per person.  We've done the collection letter and it hasn't worked.
>
>  
>
> We got the please don't turn it off, I'm coming to pay...and it never
> happened.
>
>  
>
>  
>
> Regards,
>
> Chuck Hogg
>
> Shelby Broadband
> 502-722-9292
> [email protected]
>
> http://www.shelbybb.com
>
>  
>
>
>
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