So we are so screwed....

[LostinTX2]

We're getting ready to file BK and have almost NO MONEY. Lawyer wants another $1K, so we are going to be doing it ourselves. This time of year business is almost non-existent so we are barely scraping.... Food = Food Stamps and WIC.

So DH takes on another customer. Gets the work done, deposits the $1000 check and we pays our bills. Customer decides he's "no longer happy" even tho he said work looked great and stops payment on the check. Our account is now NEGATIVE 1000 and accumlated 12 NSF fees today, not to mention the fees we're going to get from all the bills we paid!

So now we have LESS than ZERO. Nothing, nada, none. I'm sooooo upset.

I'm considering just closing the account and including it in the BK. We were planning on doing that on Monday as we were filing ourselves next week. The bank wants to know when we can bring the account to zero. I started crying on the phone.

The customer told me "he just wasn't happy" and to screw myself. I don't know what my recourse is except small claims court. Even then, in Texas it's next to impossible to collect.

What are my options? Should I just close it and include it in the BK????? what to do, what to do?

[happy_ira]

We're getting ready to file BK and have almost NO MONEY. Lawyer wants another $1K, so we are going to be doing it ourselves.

How much have you paid the lawyer? He's not filing for you... what did he do?

Someone else will chime in on whether or not to include it in bankruptcy given timing, etc.

Sounds like the customer is a real jerk. I feel bad for you. Hopefulyl chapter 7 will give you the fresh start you need.

[dogbone33]

I am doing that with one of my accounts. I have never had that problem before. The charged me 2 over draft fees and $8 per day till it is paid. I used my debit to hold a hotel room that I knew was going to be free. They said I promised the money would be in there but I knew it wouldn't go through. So I am including it in my bk (the bank can s**k it!) I didn't over draw! I did open a new account before that happened though...

[CindyLou]

My husband canceled a check 10 years ago on some work he had done on a car (the work was not good) and guess what? HE (my hsuband) went to jail!!!! The mechanic pressed charges for NSF.

[LostinTX2]

How much have you paid the lawyer? He's not filing for you... what did he do?

Someone else will chime in on whether or not to include it in bankruptcy given timing, etc.

Sounds like the customer is a real jerk. I feel bad for you. Hopefulyl chapter 7 will give you the fresh start you need.

We waited a year and a half before filing and paid him $1950. He thinks it's not enough now.... Anyway, i don't have an extra grand and so I'm hosed there. Trying to get him to at least help with the paperwork and make sure it's right.

Yeah, customer was an A-Hole on the phone today. DH is going to try to reason with him tomorrow and get $$'s. We did a great job, even neighbor commented on it.

God, we need a fresh start....I'm unraveling and I know it. I've worked really hard this year to pull out of a god-awful depression and I feel myself backsliding and it pisses me off. So today, I've got about ZERO accomplished.

[JRScott]

I'd go ahead and include the bank in the filing.

Is it possible to repossess the work you did?

[jktrading]

We're getting ready to file BK and have almost NO MONEY. Lawyer wants another $1K, so we are going to be doing it ourselves. This time of year business is almost non-existent so we are barely scraping.... Food = Food Stamps and WIC.

So DH takes on another customer. Gets the work done, deposits the $1000 check and we pays our bills. Customer decides he's "no longer happy" even tho he said work looked great and stops payment on the check. Our account is now NEGATIVE 1000 and accumlated 12 NSF fees today, not to mention the fees we're going to get from all the bills we paid!

So now we have LESS than ZERO. Nothing, nada, none. I'm sooooo upset.

I'm considering just closing the account and including it in the BK. We were planning on doing that on Monday as we were filing ourselves next week. The bank wants to know when we can bring the account to zero. I started crying on the phone.

The customer told me "he just wasn't happy" and to screw myself. I don't know what my recourse is except small claims court. Even then, in Texas it's next to impossible to collect.

What are my options? Should I just close it and include it in the BK????? what to do, what to do?

Call the police and see if they can do anything about the bad check. He stole from you, which is more than a civil action. Worth a call, and maybe an escalation to atleast a watch commander at the station. Don't take this lying down.

[JRScott]

I agree with jktrading. He had accepted the work and paid for services. Then stopping payment is just kinda like stealing. I'd file a complaint. In addition if it is deemed stealing he could be liable for all the overdue charges.

[TEW]

We're getting ready to file BK and have almost NO MONEY. Lawyer wants another $1K, so we are going to be doing it ourselves. This time of year business is almost non-existent so we are barely scraping.... Food = Food Stamps and WIC.

So DH takes on another customer. Gets the work done, deposits the $1000 check and we pays our bills. Customer decides he's "no longer happy" even tho he said work looked great and stops payment on the check. Our account is now NEGATIVE 1000 and accumlated 12 NSF fees today, not to mention the fees we're going to get from all the bills we paid!

So now we have LESS than ZERO. Nothing, nada, none. I'm sooooo upset.

I'm considering just closing the account and including it in the BK. We were planning on doing that on Monday as we were filing ourselves next week. The bank wants to know when we can bring the account to zero. I started crying on the phone.

The customer told me "he just wasn't happy" and to screw myself. I don't know what my recourse is except small claims court. Even then, in Texas it's next to impossible to collect.

What are my options? Should I just close it and include it in the BK????? what to do, what to do?

There are plenty of people here that have filed pro se and made it. There will be no shortage of help here
GO FOR IT

[allavdj]

One quick question on your financial status.

If you quit paying everything except the necessities (utilities, rent, that sort of thing) do you have any money to live on? If the answer is no then you need to wait on filing BK or you will end right back up in debt with no recourse.

I was in your situation about a year ago; broke, problems with the bank, big time credit debt, and almost no money coming in. I was about to file pro se and somebody on this board gave me the above advice...and probably the best advice I've gotten on this board.

I know it will be a pain, creditors will call and harass you, you'll get lots of nasty letters, and they will make you feel like the scum of the earth. Bottom line though, if you are absolutely broke with nothing coming in, there's nothing for the creditors to take if they go after judgments. Move to living off cash if you can and stick it out until your income stabilizes and the risk of further debt (emergency medical expenses, car problems, etc) crashing down on you is gone. In my case, if I had filed when I wanted to...the baby we are about to have would be all on us. If something bad happens and the medical bills skyrocket, we'd be stuck with nowhere to go. As it stands it's been almost 2 years since I've paid on any credit cards. It's hard, but they aren't going anywhere and I'm getting things back on track. Once things are back to where they need to be, then I'll file BK and "start over".

[soleprop]

over $250 is a felony, i believe. call the cops, file a report. this guy is not only a jack@ss, he's a criminal. if you let him get away with this, you're just enabling the behavior.

go take pictures of the work that was done. tell him you are pursuing this with the authorities and will press charges, as well as file a suit to recover the bank fees his actions caused.

if he didn't like the work he should not have paid. end of story. this is how any judge will see it. also, you need to file a suit against him which covers the damages you've suffered due to his criminal action. this includes the overdraft fees, etc. this is easy to do; it's an hour or less at the court house.

do it. you'll feel better!!!!!!!!

[ready2puke]

Oh man I totally agree you really need to file. I bet if you were a fly on the wall you'd see this guy has done this before. Its probably his M.O. Now go get your money back.

[debtmonster]

I've had the same problem in years past. I either made money or I didn't. When I didn't, I could not afford BK.

This is the only time I can do the BK because for the first time, I have steady money coming in from my MLM. I still haven't been able to get a day job in nearly 3 years.

[LostinTX2]

Thanks for all the kind words and ideas!

Both DH and I talked to this guy today. After threatening the DA on him, we were able to wittle down to what his real issue was .... which was MINOR. Okay, so we agreed to eat the cost of one of the items and replace that piece...and he agreed to pay us the full amount owed.

We'll be going to his bank WITH him and cashing the check on Monday.

no, the paint is up, we can't take it down.

Our financial situation is complicated. We've lived without CCs for over 2 years now. There isn't steady income coming in.

We just want this done. We feel like we can't move on with it hanging over us. If we file before the 15th, we'll get a stay and BofA can't take the car for another month or so. By then, we'll have saved enough (we hope) for a cash car. There is no public transportation here and nothing is in "walking" distance so a 2nd car is not a luxury.