http:// answers.yahoo.com/question/
index;_ylt=AlOVOvqTuYWX2IG
1H.3X4lCTxQt.?qid=20070710084124AAgp4XQ
http://tinyurl.com/2hrg3p
payment from a deadbeat
QUESTION
Asked by “euroteacher0”
Try to get payments from a student or give up?
I teach private lessons and have a student that is 3 months late on paying me for the lessons. I know, you’re thinking why did I let her go 3 months without paying, but she’s a member of the Mormon church that I sometimes go to and thought she’d be reliable. Anyway, she stopped taking lessons, hasn’t paid, won’t respond to my emails or phone calls, and the only time I did get through to her, she was on a trip to the mormon temple and said she’d pay me when she got back (ie she can go on temple trips but she can’t afford to pay me.) I’m getting to the point where I want to write her a nasty email but perhaps it’s just better to let it go and count my losses…
ANSWER
Dear “euroteacher0”:
Well, getting money out of a deadbeat is often compared to getting blood out of a stone. Frankly, I think the stone is easier.
Let me make sure I understand the question. You have a deadbeat student of an undescribed age. This person owes you an unenumerated amount of money. You think she’s a Mormon. But, she’s not acting like any Mormon I’ve ever heard about. And, you’ve tried to collect nicely. But are up to launching a nasty email. Is that about right. (All subsequent advice rests on these assumptions.)
How much is involved? Not the specific amount, but does it really matter in the grand scheme of things? Have you ever heard of the concept of a Pyrrhic Victory? http://en.wikipedia.org/wiki/Pyrrhic_victory
Be careful you don’t fall afoul of some federal or state law in attempting to collect this debt. See the ftc site cited.
On the other hand, no one likes to be taken advantage of. So let’s do some self-examination of our own state of affairs. Now I’m no Judge Judy — not a lawyer — nor do I play one on TV, but do you have a contract? How will you prove by a preponderance of the evidence that you have a valid claim? Is this person over 18 or 21? If you have no contract, you really have no case. imho.
Assuming you have no written contract, then my suggestion is to regard this as tuition in the school of hard knocks. You should get a lawyer to draw you up a contract for ALL students going forward. You should also change your payment terms. CIA (Cash in advance) is good. Certainly, a credit hold policy, no lessons if you’re in arrears. Good customers can go bad, but I’d cut good old customers a little slack. I think you have to be harder on yourself, no more nice guy.
Assuming that you DO have a written contract, then you have to decide if it is worth the time, money, and attention to enforce it. If it’s big buck or you need it to eat, then go to Small Claim Court.
I’d caution you, if you don’t have a written contract, to be careful what you say or write. You could get hooked for slander or defamation. That could be expensive.
Even if you don’t have a written contract, and if you are sure that she’s a Mormon, and assuming that you need the money or want to teach her a life lesson, then I would very carefully consider approaching the Mormon Church Hierarchy. I’d seek out one of their Bishops and ask him to mediate the dispute. I’d call it a misunderstanding. I’d reign in all the assertions and stick to the facts. You gave this Mormon lessons believing that Mormons were scrupulously honest. Be prepared you may find that this person is not a Mormon. I’d try to use the power of their community to settle the matter to everyone satisfaction.
I’d forget about nasty emails because they can be used against you in court. All emails you be personal and sad (i.e., I’m sorry that we have this disagreement, but I need to eat.)
Hope this helps. I’m interested how it works out for you. Drop me a note sometime. My blog may have helpful “stuff”.
Ferdinand J. Reinke
Kendall Park, NJ 08824
SOURCE
http://www.ftc.gov/bcp/conline/pubs/credit/fdc.shtm
# # #
UPDATE
Best answer by voters. Err, vote! One vote among one choice. Some choice!
# # # # #
Posted by reinkefj 
You must be logged in to post a comment.