July 17th, 2007
Hey Man, I want my MF Money!!
It finally happened. I blew my cool and the demons from a life I try to run away from are back. A business associate owes me some cash and cash I could use. He is a prominent local business owner and likes to give an impression of an affluent life style. He drives a Cadillac and lives in Lincoln Park. His weight is 430lbs, which must be expensive. We just read about a female rapper shooting a friend over 2000 dollars. I do not agree with that decision but I understand.
The guy that owes me the money brags about his childhood in Scarsdale, New York, of being friends with Lisa Minnelli. I grew up in a rough and tumble mining community where kicking someone ass was a sport. There was no Lisa Minnelli in town. The richest family’s owned the hardware store and the other was the town doctor. I was a good fighter because it was a matter of survival. Back In those days I would have had my money by now, remember Malcolm taught us, by any means necessary.
I visited the Sicilian car wash and talked about this guy and what I should do. Some of these guys are business owners, they said my only option is to work with this guy and be nice. I spoke with another business owner, a former Gangster Disciple gang banger. He said he knew some guys that would collect the money for 10% of the total. The demons of my youth and a violent response to challenge paid a visit and that is when I went off on the man who owes me. Now he is not answering his phone. I will get my money, but this is not about how to get money but what to do upfront. Getting paid is a important and necessary outcome for fulfilling your client’s expectations. I should have done more diligence prior.
I must remind to not do anything that could cause me problems or embarrass my family. The decision the rapper made by shooting her friend, was done in regard to not being punked and not in regard to the best thing for her business. It is fun to be a bad ass when young but as a blackinbusiness, we have to stay out of trouble. I will get my money but will not break laws to get it. This guy has already broken the law by passing a bad check 2 times that I still have a copy of. This is a matter for the law but I hope we resolve it in an honorable way! How would you handle? Business owners have to have cash flow, so this is an important consideration.
July 17th, 2007 at 2:39 pm
Getting paid is a key part of being a successful business owner. I encourage any business owner to have a documented (written) accounts receivable process. Issue invoice for payment in writing; follow-up in writing; escalate the written follow-up … and then it depends on whether you offered a product or service. No payment for service; cut off the service. No payment for product is more difficult because you no longer have the product.
In your situation, I am reminded of the Tony Soprano in the television show. He didn’t believe in calling a number of times; and having the deadbeat that owes you money making you feel like its a favor when you get paid. You miss a payment, Tony advocates a personal visit that included some p-a-i-n!
peace, Villager
July 17th, 2007 at 3:50 pm
Villager, thanks for the visit and sound advice. I wish I could use Tony’s method, but those days are long gone
July 17th, 2007 at 7:28 pm
JD - I know how you feel, really! Some years ago my younger brother stole from me to the tune of 20 large. It upset me to the point where I couldn’t sleep just thinking about what he had done to me. Finally, I realized that this whole episode was consuming me, causing a big change in my attitude and how I viewed people in my life. I had to let it go, as I knew I would never get the money back. What I did was redirect the energy that I had been focusing on him and turned that energy into a positive direction that allowed me to recoup the ‘lost’ money in no time at all. I hope you get the money, but if you don’t, then just know - what goes around comes around and he’ll get his one day - and it won’t have to come from you. All the best to you.
July 17th, 2007 at 11:04 pm
We both know that 10% is really no bargain at all. I think we also know that one step toward the gangsters of your youth is a big step; the steps that follow are small…and those 2nd and third etc. come-up too fast. Although the taste of revenge and 90% of your dough is seems sweet; if you were to do “it” that way, those pipe driving gansters own you, for life. We used to say in my neighborhood, “you want dough? F— a baker. Peace and love, Colin “Coolguy”.
July 18th, 2007 at 11:33 am
“Some of these guys are business owners, they said my only option is to work with this guy and be nice.”
The hell it is! One should be assertive (as opposed to aggressive) in these situations; but at this point you should stop talking to him and just sue him.
I’m assuming you put this loan in writing?
http://www.blackperspective.net
July 18th, 2007 at 11:37 am
I went back and read, and see that it wasn’t a loan. But my point is the same and the same as villagers; you should do all your business transactions in writing (with them signing the work order as often as possible or at least returning an email acknowledging the work agreement) so it’s documented what people owe you. Then you can just sue.
http://www.blackperspective.net
July 18th, 2007 at 11:47 am
Hey there JD,
Just wanted to say hello and let You
know that we have been praying and
there is a word from the LORD about
the question you asked: Found Here
Psalm 128:4-6, II Corinthians 5:17-21
Ephesians 1:1-23, Ephesians 2:1-10
That will be a nice summary of the
matter and give thanks to God Our
Father knowing that even when we
all want to do good, evil is still
present. God’s blessing is powerful
JD, remember that this is a spiritual
warfare and The Word of God is your
weapon. Remember Jesus Christ has all
power in His Hand. Ask Him JD.
By the way, You may find another link
of blessing just added to our Blogroll
of concern at |A Lads Lunch with Favor|
more details about that art you know and
practice so well among us as reader and
commentors on Your Blog |Black In Business|
JD, please note and see a great research:
What it is and How To mastered the Art of
Schmoozing. Should keep paying forward,
something You have been illustrating so
well in summary. Thank You for being an
encourager for many more Champions!
Be Blessed always!
July 18th, 2007 at 12:19 pm
Colin, I just got off the phone with you and yes I hear your advice. The reason I did blog on this is because, this post is a control to keep me from thinking of revenge.
July 18th, 2007 at 12:23 pm
Yochabi, I did not put this in writing but I do have the check that was returned twice. I will use the legal methods to get this done.
July 18th, 2007 at 12:24 pm
Jim, thank you for your advice, I will pray to discover the answer.
July 19th, 2007 at 11:07 am
I think part of the reason I’ve been able to avoid going to jail, in spite of being a Black man in America, is that I always try to look a few moves ahead and imagine what will be the likely consequences of each of my possible alternatives.
If some guys go out looking to collect a debt, they might collect it but they might also accidentally kill the debtor, which makes everyone responsible a party to conspiracy to commit murder or felony murder (murder in the course of a robbery.) The latter is a capital offense.
It’s probably better to live without getting repaid than to be executed, because if you are executed you won’t be able to spend the money that you’ve recovered.
So, this is about doing what you ALWAYS do anyway: applying a cost-benefit analysis when deciding how to proceed.
If you sue the guy in Small Claims court and he doesn’t show, then you’ll automatically win. Then, you can try to attach his house or his car (making it impossible for him to sell them or get a mortgage on them) and that’s when he might decide to pay you what he owes.
I would strongly suggest that you talk to a lawyer. Talk to a lawyer while talking to a lawyer can still help you.
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Markos (DailyKos) Moulitsas ZÚÑIGA’s Rich and Powerful Hotel/Condo “Family Business” Pollutes Unique Salvadoran Estuary and Threatens Wildlife Species.
July 19th, 2007 at 11:24 am
ESQ Holland, your advice and all others comments are sound. I understand the risk involved and will gey my lawyer involved. I have enjoyed this post because it through debate has offered great information to help build business acumen for the readers.
My mistake was trusting someone, and doing a deal outside my usual nitche. Looking for easy and fast dollars. It worked for awhile but now I have to work to collect a few thousand dollars.Thank you for your comment
July 19th, 2007 at 10:06 pm
I have a fellow blogger that owes me about $2k from last November when I worked day and night to deliver on a software package for him. I still haven’t been paid.
I turned to the Internet and found a collection agency online. An interesting note, since it’s a commercial exchange and not a personal one, he has no right to request the phone calls and emails stop.
I take a little solace in knowing that he’s having to put up with all the interruptions. I suppose that’s not a Christian thing - but no one should get away with ripping people off of their hard-earned money.
July 20th, 2007 at 3:10 am
Small claims court is the best bet, dammit the world sometimes can seem to be full of these bastards who need to be taught some very important lessons right in the face. Vengeance is so sweet, but alas there’s always blowback involved.
A pre-emptive way would be to state everything in black and white before starting any venture, so when any party violates the principles of the contract, the grey-suited lawyers will hit them where it hurts asap.
Some people may be against signing papers, but that may be a clue they plan to act in bad faith.
July 20th, 2007 at 12:08 pm
Doug, thanks for the advice, I think I am close to having this thing resolved. Time will tell
July 20th, 2007 at 12:09 pm
Hi Jo,you are so right, we must do all we can to protect our selves
July 20th, 2007 at 12:10 pm
JD,
Hope things work out for you. This is a good post because I’ve found myself in a similar situation (on a way smaller scale). I think court is the only way to go. It’s sad, but necessary. What ever happened to honesty and integrity among businesspeople?
July 20th, 2007 at 10:13 pm
LOL. I love the title of your excerpt! Too funny.
But with all kidding aside, I understand you and hear you.
July 24th, 2007 at 5:08 pm
JD:
Awe…thats really unfortunate that someone did you like that. Coming from a credit background that included some heavy collections what I can say is that it is possible to get paid without going over the line.
To do it you should consider this:
*in the collections process, never repeat any step. In other words, if you have already called the debtor, don’t call him anymore. Instead proceed to the next step.
*When I was a business to bsuiness collector I always started with the most unexpected and hardest hitting step that was within just and lawful means (the reason being is that there are statistics that show that once a debt extends past a certain point, usually 120 days, your chances of collecting it drop by nearly 60 to 70 %.) Usually this was performing an assets and liabilities investigation in tandem with local engaging legal counsel. When you do it the other way around and start off with “kid gloves” and proceed to the more stern collection methods bsuiness debtors can forcast your next move.
*In this case, the hardest thing that you can do is to obtain a copy of the bad check statute for the STate of Illinois or for your locality. Send this to the debtors address via certified mail, copy it to the district attorney and give a specif time table for your demand-like within two days of him signing thew certified mail. Then, take the check to the authorities. I don’t know about Illinois, but in Georgia its against the law, and a felony to pass a bad check over 500.00 dollars. Also, if this is too time consuming for you, you should probably engage legal counsel to carry out this process for you.
If that doesnt work, I am sorry but this business is probably what we refer to in the credit industry as a “professional debtor” (meaning that he is good enough to know how to not pay and get away with it) and you may unfortunately have to look at it as education regarding putting solid written credit and collection procedures in place.
Again sorry to hear about that, one could do a lot with 2K, so if you want I could email you something to guide you in creating a credit/collections policy you’d like. Just let me know.
July 24th, 2007 at 6:04 pm
I’m impressed by the multiple sources of advice here based on personal and professional experience. When you’re in the Afrosphere, you’re never alone with your troubles!
July 25th, 2007 at 5:55 pm
benin, thank you for the planof attack. I will follow up with you soon if I need more details
July 25th, 2007 at 6:08 pm
Esq Holland, this is one of the few post i have done that will offer real value to the readers. the value is in the comments and many different back grounds of opinion
July 26th, 2007 at 9:40 pm
Whats up Jim, haven’t been to your blog in a while… love the post, its raw and real.
I would suggest that you file a claim with the small claims courts and also have your lawyer send a certified letter to the guy making a demand on the amount owed you.
You can also look into various alternative dispute resolutions. Usually they are provided free to the community and work very much like a mediation, just on more of a micro scale.
I understand your urge to embrace a mafia mentality.. but we both know that violence only spawns more violence. After all your dispute isn’t really a vendetta, nor is it over that much green.. try setting up a meeting with the guy (through a mediator) and listen to what he’s got to say. Diplomacy can work if you want it to.
July 28th, 2007 at 4:16 pm
Jamie, thanks for the heads up, I am close to having this resolved.We have talked and he is under pressure to resolve from some of his business partners.
April 4th, 2008 at 11:50 am
nice post!!
i agree with you.
laura.
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May 20th, 2008 at 9:57 pm
It’s a shame there isn’t an official means of borrow someone money, a signed legal contract that the money will be paid back by a certain date etc. At the end of the day I guess you should just avoid lending money to people who you can’t be 100% sure you can trust.
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