RE: Equifax for Businesses?

by "Lara J. Fabans" <lara(at)lodestone-sw.com>

 Date:  Sat, 21 Jul 2001 20:41:38 -0700
 To:  <hwg-business(at)hwg.org>
 References:  0
  todo: View Thread, Original
Hi,

Thanks for responding.  There was nothing in the contract about arbitration or
nonrelease of information.  It was actually a really minimal contract.  Yet 
again
another lesson learned... use my contract that I paid so much to have my 
lawyer create :-)

The final product was never released because the final client declared 
Chapter 11
on the same day that they announced that they were purchased by another 
company.
So unfortunately, I can't withold my final result.  Anyway, my contract is 
with company A,
not company B. So Company A is saying I won't get paid until they're paid 
by Company B
which is early August after it filters through the courts.

I keep sending reminder notices for the last two weeks of work (I was time 
& materials,
so it's not really like I was to be producing a final product) just in case 
they stiff me, so
I can show the IRS that I did my due diligence.

But still, if I get dinged for being 30 days late for a credit card 
payment, I'd like to ding
this company for being 4+ months late in their payments especially since 
their contract
was with me and never stated that it would be dependent upon their getting 
paid.

I've talked with my lawyer & he said that if the company were in California 
(since I'm in CA)
or had any California offices, I could take them to California small 
claims.  Being
as they're in another state, it makes things a lot more difficult.  And 
since the amount
is under 5k, suing them is an empty threat.

So I do want to hurt them within reason where I can.  I'll certainly 
contact their state's atty general
and BBB, but I'm surprised that they could sue me for nonpayment to a 
credit reporting agency.
I mean, if I'm late sending money to Mr. MasterCard, he'll report me and 
jack up my interest rate :-)
Aren't businesses just like that too?

I'm so curious about all of this.  I've never (thank goodness) had to deal 
with this before.  The last time
it was almost an issue, I told them to split it over three months & they 
did.  This client isn't budging.

Thanks,
Lara



At 12:38 PM 7/21/2001 -0700, Timothy Embler wrote:
>You do have some places you could report it to like d & b but does your
>contract let you release this information to them?  If it doesn't have
>that provision they can sue you for releasing that information and have
>it removed from file.
>
>Tim
>
>-----Original Message-----
>From: owner-hwg-business(at)hwg.org [mailto:owner-hwg-business(at)hwg.org] On
>Behalf Of Lara J. Fabans
>Sent: Saturday, July 21, 2001 10:36 AM
>To: hwg-business(at)hwg.org
>Subject: Equifax for Businesses?
>
>
>Hi,
>
>Is there a credit reporting agency for businesses?  One client is
>choosing
>to violate
>our written contract and they're long past due with the payment.  It's a
>
>long story.
>I was a subcontractor, and they claim I'll get paid when they get
>paid.   The contract
>has no mention of it, and in fact states I'll be paid within 15 days of
>receiving an
>invoice
>
>The bottom line is, can I put a ding on their credit record?  If it
>matters, they are an LLC.
>
>Also, I'm thinking the next time I take any out of state business, I'll
>run
>a credit check.
>My lawyer also advised to get a 2 week deposit on all out of state
>clients.  Just thought
>I'd pass that along.
>
>Sincerely,
>Lara
>---------------------
>Lara J. Fabans
>Lodestone Software, Inc
>lara(at)lodestone-sw.com

---------------------
Lara J. Fabans
Lodestone Software, Inc
lara(at)lodestone-sw.com

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