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chrashley

Junior Member
What is the name of your state (only U.S. law)? Indiana

I have a small side business doing AC and furnace installs. I was recently contacted by a guy who wanted me to look at his AC. I did and determined that the equipment was in bad shape and advised replacement. I informed him of the price and payment terms and he gave permission to begin the install. Upon completion he only paid me a partial amount of his balance. I have text messages from him admitting that he owes me the remaining balance and I have also sent him an invoice. Where do I go from here? Do I have a good case to get my money from him?

Thank you for any help
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? Indiana

I have a small side business doing AC and furnace installs. I was recently contacted by a guy who wanted me to look at his AC. I did and determined that the equipment was in bad shape and advised replacement. I informed him of the price and payment terms and he gave permission to begin the install. Upon completion he only paid me a partial amount of his balance. I have text messages from him admitting that he owes me the remaining balance and I have also sent him an invoice. Where do I go from here? Do I have a good case to get my money from him?

Thank you for any help
Are you properly licensed to perform this sort of work?
 

chrashley

Junior Member
yes. There is no HVAC license in Indiana, but I do carry general liability insurance and have a proper refrigerant certification.
 

TigerD

Senior Member
For future reference, talk to a local attorney and find out what you have to do in your state to place and enforce mechanic's liens.

DC
 

justalayman

Senior Member
I informed him of the price and payment terms and he gave permission to begin the install.
what are the payment terms?

what do you have in writing?


while Indiana does not require a contractors license for HVAC, some municipalities do. Make sure you don't live in one that does.


I don't think this will affect your current issue but overall in running your business it will. I happened to run across it while looking for information on your current issue:

Certification of Independent Contractor Status and Worker's Compensation Exemption:

Independent contractors in the construction and building trade are required to apply to the Indiana Department of Revenue for certification of independent contractor status. Clearance must first be received from the Department of Revenue before the Worker's Compensation Board may process an application for exemption.
Don't know what the penalty for not complying with the law but it is not usually a steak dinner.
 

chrashley

Junior Member
what are the payment terms?

what do you have in writing?


while Indiana does not require a contractors license for HVAC, some municipalities do. Make sure you don't live in one that does.


I don't think this will affect your current issue but overall in running your business it will. I happened to run across it while looking for information on your current issue:



Don't know what the penalty for not complying with the law but it is not usually a steak dinner.
Payment terms are COD as stated on the invoice
Does it sound like a solid win in small claims court?
 

justalayman

Senior Member
Payment terms are COD as stated on the invoice
Does it sound like a solid win in small claims court?

based on what you have stated, it should be, with a few reservations.


Just be sure that if you take this into court there are not issues with your business the court could use to deny your claim due to you not being able to legally operate your business wherever you are. In other words, if you cannot operate your business legally as you are, a court can deny awarding you anything as you do not have a legal right to claim payment for work done illegally. They can simply boot you out the door with a judgment in favor of the defendant if it came to that and that would also preclude you from placing and enforcing a mechanics lien as well.




ducks; make sure they are in a row.:


proper epa cert for whatever refrigerant is in play, if required


I would suggest checking into that worker's comp issue. (I cannot see a judge in small claims actually being aware of the issue or addressing it but if it is simple to take care of, you probably should)

any registrations required to be able to collect taxes. Since you are selling merchandise, there is likely to be tax revenue involved that has to be paid to the appropriate state entity. I don't know if there are any taxes on labor in Indiana offhand.
 

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