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EWD
Posts: 1052
From: BeauFlow, NY
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Ever had a client die owing you money? - 5/1/2005 11:10:48
I received an email (cc'd to many people) that my client had died and his son was "handling his business affairs". The son's address was included in the email he sent.
The last invoice I had sent was reimbursement for services I paid for - domain renewals, subcontracted work, stock photography, etc., purchased at the deceased's direction. The invoice was sent approx 2 weeks before he died in mid-March.
Last week I received an envelope in the mail with no return address. Inside the envelope was my invoice and a copy of the death certificate, which included his Social Security Number, and other details I was uncomfortable having in my possession. No letter or explanation was enclosed.
I sent a letter to the son, enclosed the invoice and death certificate, told him I expected payment and was uncomfortable that the death certificate with the personal information was sent to me.
Is there anything I can do? If not I'm out over $3,500 that I've already paid out!
I appreciate any suggestions!
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dpf
Posts: 7126
Joined: 11/12/2003
From: India-napolis
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RE: Ever had a client die owing you money? - 5/1/2005 11:23:05
your best bet is to get an attorney but if you want to go the "do - it - yourself" route, start with the county clerks office. Its been 15 years since I lived in NY (Ohio now) but estates are probated at the county level - in Ohio, it is Probate court. You will need to file a claim agaisnt the estate. death does not wipe out debt - it doesnt transfer to children byut the estate is responsible. in addition, if his business continues in sons name, the debt does indeed transfer.
I strongly suggest an attorney.
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Dan
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BobbyDouglas
Posts: 5479
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From: Arizona
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RE: Ever had a client die owing you money? - 5/1/2005 13:59:13
First, be reasonable and do request the money. You will get paid for your work.
Whatever you two decide in the end, get it in writing. X will pay $3,500 by X date. You shouldn't need much more than that in writing.
If they fail to pay, that's when I would hire someone to file a lawsuit against them. You can also do this online by finding some example court type documents and sending those. Usually a little scare like this will get them to pay.
You might be able to take it to small claims, depending on the maximum allowed, $3,000 might be the cap, could be $5,000 or even $50,000.
Don't feel like because someone died, that you won't ever get your money. It is very sad that happened, and it is a very emotional ordeal for the family, because of this you should be polite with everything you do.
I am pretty sure you can get them to pay the cost of court fees, but lawyer fees are not reimbursable I believe.
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dpf
Posts: 7126
Joined: 11/12/2003
From: India-napolis
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RE: Ever had a client die owing you money? - 5/1/2005 14:13:54
quote:
You might be able to take it to small claims, depending on the maximum allowed, $3,000 might be the cap, could be $5,000 or even $50,000. first of all, if the company that owes you the money was a corporation or LLC, the death of a principal does not eliminate the legal "identity" of the company and thus you could indeed sue the company in small claims court although I believe NY's limit is around $1500. However, if the person who died ran his business as a sole proprietorship, the debt was owed by him personally ( the company who have no legal identity - he was the company) in which case you can only sue his estate as I previously indicated. bobby's point about politeness is well taken in this difficult time although the anonymous sending of the bill wasnt the hieight of ettiquette. I hope you kept the ssn as it may help you in finding the probate filing. again, i would get a lawyer
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Dan
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EWD
Posts: 1052
From: BeauFlow, NY
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RE: Ever had a client die owing you money? - 5/3/2005 17:22:51
Thanks - both answers were very helpful, and thanks for the reminder to play nice. I'm just concerned that if the anonymous letter was any indication, I could be in for a bit of a tussle. Best case, I'll get paid. Worst case, I'll write it off as bad debt.
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BobbyDouglas
Posts: 5479
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From: Arizona
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RE: Ever had a client die owing you money? - 5/3/2005 19:33:55
I would never "write it off". If the client assumes that he/she will get out of all debts, I wouldn't stand for that. I would be much happier to discuss the issues with the person taking over the client's bills, and after talking about, either decide what to do.
Death is very hard to deal with, if you think it would really help the family, maybe chop off some $$ from the final price. As long as you play it nice, everything should turn out ok. I don't mind helping people, or going the extra mile, but once you step over the line, that's the last time you will see me.
Awhile ago a client of mine needed a helpdesk skinned, (I usually charge around $100), I asked for $50, and said that you pay me when your business gets off its feet, and you make some money. Anyways, it took me about 2 days to finally get started. Since I didn't e-mail the client within 24 hours of when I started, I heard from someone else, that another person was hired to do the job. By this time I was about 40% done. I heard that, talked to the client, and basically told him I didn't appreciate the fact he went behind my back after everything I was doing for him. I then delete the files I did, and told him to get lost. He wasn't even planning to tell me that he hired someone else.
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dpf
Posts: 7126
Joined: 11/12/2003
From: India-napolis
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RE: Ever had a client die owing you money? - 5/4/2005 11:03:40
quote:
'Cause once the estate is settled, it's settled. At least that's the way it was when I was involved with it.
that is exactly true and is part of the point I was trying to make earlier - again, in addition to checking newspaper as roger indicated, I would suggest a trip to County clerk and find out where these things are filed and how you check - in this era, chances are good that you could check the filing on-line. Once the paper work to probate (settle) the estate has been filed, then you can file a claim against it. theiir are probably local forms available. good luck
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Dan
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EWD
Posts: 1052
From: BeauFlow, NY
Status: offline
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RE: Ever had a client die owing you money? - 5/8/2005 16:41:33
Is there a way to find that out online? The client, his business, and the son are all in California. I looked for information in their local newspapers, but no luck.
Thanks
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" I came here to ponder the futility of it all but I can see it' s useless."
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