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help with a large bank vs small minority owned business

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baggusbunny

Junior Member
What is the name of your state (only U.S. law)? indiana; I provide a service for a large bank in my area and have for nearly 20 years. the lender began not paying for the services rendered and eventually owed my company several thousand dollars. in the mean time (i own a small minority owned business) not being paid for my services naturally made it difficult for me to meet my monthly obligations. i tried to resolve the matter diplomatically so that i would be able to be paid for the serivces i had already provided and still not "ruin" my business dealings this this bank. the matter drug on for quite some time and when i fell behind on some of my monthly obligations to the very same bank that had refused to pay for the services i rendered, they threatened to sue my company, etc. all the while they were still utilizing my services and still do.. this has lead to great hardshsips for my business and family, they have made derogatory marks on my businesses credit, etc. i need an attorney but am not sure what type. any help would be greatly apppreciated. thank you
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? indiana; I provide a service for a large bank in my area and have for nearly 20 years. the lender began not paying for the services rendered and eventually owed my company several thousand dollars. in the mean time (i own a small minority owned business) not being paid for my services naturally made it difficult for me to meet my monthly obligations. i tried to resolve the matter diplomatically so that i would be able to be paid for the serivces i had already provided and still not "ruin" my business dealings this this bank. the matter drug on for quite some time and when i fell behind on some of my monthly obligations to the very same bank that had refused to pay for the services i rendered, they threatened to sue my company, etc. all the while they were still utilizing my services and still do.. this has lead to great hardshsips for my business and family, they have made derogatory marks on my businesses credit, etc. i need an attorney but am not sure what type. any help would be greatly apppreciated. thank you
Why would you continue to provide services for a company that owes you several thousand dollars?
 

baggusbunny

Junior Member
reason

I preform real estate appraisals for this bank, prior to them neglecting to pay me for the appraisals i averaged about $100,000 per year in income from this bank, so when they began not paying me i thought that they would get their stuff together and get back on track. In the mean time they, after a few years, began paying for some appraisals completed but only in very small increments. This is why i continued. I am in a rural area, it is difficult for a minority owned business to get a foot in the door. In my profession in my area most are older men. this made it difficult to get started. I was trying to bide my time hoping that they would straighten up and do what they were obligated to do.
 

quincy

Senior Member
You may want to consider contacting a Collections Attorney. A collections attorney can help you collect the money owed you by the bank while at the same time helping you settle the debt you owe to the bank.

Good luck.
 

gramercy

Member
Desire to maintain the business relationship aside, could this business owner file 'Theft of Service charges' as opposed to going through the collections process?
 

quincy

Senior Member
The services obtained by the bank were not, based on these posts at any rate, illegally obtained. In other words, the bank probably intended, or still intends, to pay for the services received.

With "theft of services," there is an element of nefarious intent involved whereby someone or some entity obtains another's services through fraud - through some sort of misrepresentation, deception, threat, coercion, stealth, mechanical tampering, or through using a false token or device.

I think collections is probably the best route to take here, if the money cannot be obtained from the bank through any other means.
 

The_Saint

Member
Why do you feel the need to mention that your business is "minority owned"? I noticed you mentioned it more than once.
 

msiron

Member
Because it is so much more difficult for a minority owned business in this area to even get a foot in the door.
I don't buy that, whitey gives everything to minorities so don't play that card, it don't fly here.

Your no different than whitey, so follow the legal advice you've received here.
 

quincy

Senior Member
Ouch, msiron.

I think that minorities too often do face different treatment, and it can be difficult for some minorities to overcome the prejudices of others. Because of the different experiences minorities often have, their perceptions are colored and their beliefs are shaped in ways far different than those who have never faced overt, or even subtle, discrimination.

Or subtle discriminatory comments, such as "whitey gives everything to minorities," for example.

Experiences like questionable police stops, being tailed by security when shopping in a department store, being passed over for a promotion, being denied a job, having to pay higher interest rates on loans, having to pay higher costs for insurance. . . .there are countless ways that minorities, of all kinds and in all sorts of situations, can notice different treatment.

A woman may be passed over for a promotion (women are not as capable) or a teenager may be followed by security while shopping (teenagers shoplift) or an older worker may be denied a job (older workers are slower in thoughts and actions) or an African-American man may be charged a higher interest rate on a loan (blacks are at risk of defaulting).

Although I do not see, from what baggusbunny has posted here, that his/her minority status makes a legal difference in the particular situation (s)he finds herself in right now, it is entirely possible it could make a difference in another situation. The fact that a person is a minority, therefore, may have some pertinence.

And, if the bank is making timely payments on appraisals done by other firms in the area (owned and run by older men) and not on the appraisals done by the minority firm (owned and run by, who? an Asian woman, a white woman, a black man, an Indian man, a Muslim man, a Jewish woman?), then being a minority could very well play into it. Again, there is no indication here that it does, but it would not be out of the realm of possibilities.

At any rate, I would hate for this thread to become as hateful as another thread that was posted in this section of the forum not too long ago. This section of the forum is to assist people in dealing with defamation issues - not for people to make defamatory comments.
 
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