A hypotheitcal since i am pondering trying to do some on-site tech support work.
Say I show up at a persons home to repair a malfunctioning PC. I determine the problem, tell them it will be $150 to repair. They agree, I fix, then they refuse to pay.
I would imagine a written authorization would be sufficent ammo to win a small claims judgement against the offending customer but is there any other recourse via police etc, especially if I have installed parts that were my property and they are now refusing to pay for them (theft?). With a shop, no problem, we don’t give your machine back till you pony up the cash, but whats an independent on-site do under this kind of worst case scenario.
I figured the repairman is a 3rd party in a contract with the customer and computer company. The repairman’s parts come from and are paid for by the computer company. The repairman’s labor is paid by the computer company. Any money owed by the customer is paid to the computer company. The repairman is an agent of the computer company. TA-DA! That will be $50 for the consult.
Where did the OP say anything about a computer company? Sounds to me like he is trying to set up a business providing tech support for people who don’t want to take their computer in to a repair shop. Where does a “computer company” enter into the picture?
If they knowingly entice you to deliver goods and labor without being able to pay, they may be guilty of attempting to defraud you. It would be a charge similar to not being able to pay at a restaurant, or a hotel where you’d paid cash and then stayed a day or two past what your up-front cash deposit would cover.
Proving that they KNEW they didn’t have the funds and WILLFULLY tried to screw you would be the tricky part.
Whether the cops and/or the DA would have any interest at all in your situation if you called probably depends a great deal on where you are, your demeanor and the demeanor (and criminal record) of your customer.
I’ve lived in towns where the cops wouldn’t care, wouldn’t show up and would tell you this is a wholly civil matter and to go away.
I’ve lived in other towns where the cops would be glad to drop by, say hi and just try to “work something out” just like you were living in Mayberry.
At the very least, in a situation like this, I would personally be inclined to politely but firmly be asked to retain their PC, seeing as I have a mechanic’s lien against it.
If this request failed, I would then ask to be allowed to remove my hardware from the client’s machine.
As an aside, if the client is behaving in this fashion due to genuine dissatisfaction with the quality of my service, I’d be glad to drop my price to the cost of my hardware by itself. Goodwill and a good reputation in the community are worth more than I’ve ever made on any service call.
If the client is behaving in this fashion due to being a genuine scammer, then… well, I might consider using the cops and/or the civil legal system to get justice and what’s owed me, but I would bear in mind the potential for negative publicity and ill will that could be generated by the situation.
Sometimes you’re better just walking away than you are worrying about negative situations.
Whatever you do, don’t get upset and start taking this personally. Things said or done out of anger can wind up coming back to haunt you.
Honestly, I did mobile PC service/upgrades for two years, and I never once had anyone try to welch on me. Of course I did wind up taking most of the nastier calls back to my shop with me.
If your loss is under $350 or so, I’d suggest you just eat it and remember any lessons learned.
I’m no lawyer but it sounds like you’d have a small claims court fight on your hands. From what I understand you can take him to court, win a judgement, and then try and collect it. For $150 I’d probably just threaten the guy and not actually follow through…too much work. Maybe it would be wise to stop by an office supply shop and pick up some generic contract forms for the buyers to fill out before you give them anything. Have them give you their credit card number up front (even if you can’t process it).
I feel we’re friends, and I don’t mean this as a personal jab.
But when I saw you posting “I’m no lawyer” I had this vision of walking into a lawyer’s office with “Cheech & Bongmaster, Attorneys at Law” on the sign out front.
Can you imagine all the college kids in the lobby trying to get representation for their Misdemeanor-5/Citation minor weed possession cases?
LOL, funny as that is you’re probably right! Truth be told I am thinking of changing the name here since its hard to get taken seriously. People make (understandable) associations because of my username…really I’m not all that dim.
