Pick up art letter...

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JbNormandog

JbNormandog

SGF, Supreme Grumble Framer
Joined
Apr 8, 2004
Posts
3,751
Loc
NJ
Here is the main part of a letter I am going to send out to a customer to get her to pick up her stuff. I left out her name and tried to stick to the facts and to keep my personal feelings out of it. (Needless to say I AM NOT FOND OF THIS PERSON)


Letter starts here
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The artwork that you dropped off in January has been done and ready for pick up for months. Please take the time to come and get them. I have called and sent notification in the mail several times and have not received any response to date.

There is a balance of $748.86 for the artwork. That includes both of the Money magazine articles and the resizing of mats and frames for the other pieces you have here.

I am a small business and cannot let overdue balances carry on indefinitely so if there is a problem call me and let me know.

If time is a concern you can make payment by phone and I will deliver them to your doorstep.

If there is no response to this letter within 14 days I will take that as your answer and will take the appropriate steps from there.

----------------------------
End letter



What do you think?

By "appropriate steps" I am planning on small claims court to collect.

I have called a few times and when I did actually get her on the phone she sounded as if this was all news to her. I guess the messages and letters left didn't get my point across.

Your $.02???

Bob
 
Bob,

If you took a big enough deposit to cover your costs, I would recommend a little more patience - I just had a $700 balance picked up after a year and a half. The customer, while apologetic was appreciative of my patience. A court proceeding is going to be considered a drastic declaration of war.
 
Bob:

As Pat said, I'd wait maybe a bit more. But if you have waited way too long:

And since you called quite a few times and she has not reacted, I would replace the term "appropriate steps" with "legal action" or even "turn over the outstanding balance to a collection agency."

Usually the above terms alone would induce many to come and pickup.

PS: "Appropriate action" might be construed by some (especially in the NY metro area) to mean, um, Mafia kind of action....:)
 
Paul, That is what I meant. Uncle Vinnie has her address and has pulled out the cement shoe mold.

Pat, I think you are right. I will hold off on the court "bomb" for a while longer.

Some of the pieces are duplicates and are boxed for shipping. It bugs me every time I trip over them.

Bob
 
Have you checked with the state over what necessary steps you need to take in collection. Registered, return receipt letter, Signed propsal etc...?
 
Just my thinking ...I would leave off the threat at the end and send a certified return receipt requested letter. You might even include something to the effect that if her circumstances have changed to call you so that you can work out a payment program or such.

That way you know she got the letter and it should elicit a response.

If you don't hear back within 15 days, then check your state laws and follow up with a legal letter ...again, not threatening, but just what you actually intend to do if she doesn't respond.

Do not threaten any action that you do not intend to follow up on.
 
be very careful about vieled threats..send a nice reminder by registered mail with return receipt required so you have proof of notification..then give time for a response before taking further action.
 
My suggested changes in Red below:

____________________

The artwork that you dropped off for framing in January has been completed and ready for pick up since <date here>. Please take the time to come and get them. I have called and sent notification in the mail several times and have not received any response.

If time is a concern you can make payment by phone with a credit card and I will gladly deliver the pieces to you.

There is a balance of $748.86 for the work performed. That includes both of the Money magazine articles and the resizing of mats and frames for the other pieces.

Please understand that I am a small business and cannot let overdue balances carry on indefinitely. If there is a problem please call me at <phone Number> and let's discuss it.

The completed pieces are quite handsome and I am sure you will enjoy having them back in your home. I look forward to hearing from you soon.

Sincerely, etc.etc.
__________________________

I would take out the last paragraph about "action". I think that should be reserved for the next letter that you send 30 days from when you send this one. This is the "official notice" and you still want to maintain cordiality - after all, you don't know the circumstances that have kept this person from picking these up. If you get no response, then you can ratchet up the lingo if you see fit.

Hope that helps! :)
 
Could you enlighten us as to what was disclosed to the customer - in writing - on either your work order and or invoice - concerning storage charges, finance changes and or disposal of unclaimed art.

If you have documented in writing the dates and times of those attempted telephone calls? That type of documentation can also be used in small claims court.

The bottom line, deposit(10% or 70%) or no deposit is not relevant, 8 months is more than enough time to be paid. In fact, if you contact a collection agency, most will say that you have waited too long for this type of letter.

P.S. I like the correction in the post above mine.
 
I assume you have called several times and sent many much more friendly notices?
 
Vercacio, Very nice, I like the changes very much. Thankyou. It was changes like yours that I was hoping to get.

Her deposit covered my cost and then some but I would actually like to have a bit of profit.

I agree, threats of litigation will hold off until I have no other choice. If push comes to shove I will have to go that way.

JFeig, My paper work only mentions no returns on custom work etc.
No mention of other penalties. I didn't want to scare anyone off with a laundry list of potential fees.

Thanks everybody, you are giving me the feed back I was hoping for.

Bob
 
This is a copy of my disclaimer-release


No one can guess when a seemingly valueless keepsake will become a treasure. Therefore, we strongly suggest preservation framing materials and procedures meeting FACTS and PPFA standards. Display / storage conditions, lack of periodic maintenance can also effect the condition of the art. Non-preservation materials and improper display / maintenance can cause discoloring, staining, fading, other damage and or devalue marketability of your possession. I understand the potential risks / dangers to the art and the monetary implications. "ACTUAL MARKET VALUE" maximum liability of $250.00 unless otherwise noted. Not responsible for items left over 90 days. A charge of 1.5%/month added to all sales stored over 30 days and/or unpaid over 30 days. Work subject to added charges based on findings when disassembled or processed. I hereby authorize the work to be done and promise to pay for the work performed. Authorized by:
 
Bob- I would definitely go with Michael (Verdaccio)'s well-done updated version. Keep it professional and serious, but still kind of friendly. Avoid inducing embarassment, which is a dis-incentive to come in and "face the music". I would also try to avoid the whole Small Claims Court approach if possible. It's a waste of time because all you get is a judgment. You still have to enforce it yourself, which puts you in the same position you're in now, except you will have spent your valuable time and created ill will. Hopefully with the right approach in your letter, you will come to a suitable solution.
:cool: Rick
 
I think it would be good to add something about valuing the her custom and anything else which shows a positive attitude towards her and hopefully makes her respond from the right motives.

Also I would avoid any threatening or resorting to legal methods as these can backfire and result in her creating a lot of bad PR for you.
 
Here in Maine after the court has issued a judgment in your favor, the judgment also states the time in which the money is to be paid, you do have recourse to go back to court and the offending person can be arrested and hauled before the judge to answer why the judgment wasn't followed including disclosing their assets to the court.. So, the threat of arrest as well as going to court in the first place does help.

Plus the judgment includes court costs and such on top of the original amount so it can add up .
 
I have a huge framed flag in my shop that has been there for over a year. The customer placed the order two years ago. He eventually came in to get it the first itme (he used to be a good corporate customer), paid his balance, and then insisted in putting it in a vehicle too small to hold it. The frame torqued in the back of his van and was brought straight back in to our shop. Jeff ordered a new frame, did the job again, and billed him. It has been in our shop another year now, in between the moulding structure. A month ago, after numerous calls and e-mails, I wrote to tell him that we are going to take the frame apart and store his flag separately as we cannot store it any longer. We figure the balance of around $600. is lost. Taking it to small claims seems like it would do more harm than good, so we'll fold up the flag, store it, and see if he pays in the next 10 years. Then we'll do it over.

We usually just put these things down to the cost of doing business, but we never discard the art. I have a sleeve full of this stuff.
 
As a last resort, I finally leave a message or write a letter (certified return receipt so I know they actually got it) saying I don't have space in my shop to store their work any longer, so it will be stored in the basement until they pick it up. Funny......they usually come right in after that message. I haven't had to actually take anything down there yet, and the basement is quite safe and dry, but they don't know that. And I'm not tellin'!
 
Do any of you take the art out of its frame to store it, and recycle what can be salvaged of the frame? I'm talking about after a year or two. The law is fuzzy in this area. I'm sure this has been discussed before. What happens to the deposit and the balance due? After 30 years I have no clear answers for this I just keep plugging away trying to get the the pick up, but many have disconnected phone numbers. What then?
 
I, like you Kirstie, take the artwork or whatever out of the frame and store it. And I do recycle the frame. I always take a 50% down or pay in full at time of sale, just to cover myself. Fortunately, I can count on one hand in 15 years that this has happened to me. I do think that the return receipt letter lets them know that you are serious.
 
nikfrz said:
I, like you Kirstie, take the artwork or whatever out of the frame and store it. And I do recycle the frame. I always take a 50% down or pay in full at time of sale, just to cover myself. Fortunately, .
Click to expand...

And what would you do if they appeared 5 years later asking for their FRAMED art that they left a deposit on? Charge for the refit, charge for new materials? I read back in the archives (slow day) and really can't find any clear answers.
 
I would call your state's Attorney Generals office. There should be a consumer's advocate to talk to. They should be able to give you the statutes of limitations.
 
Pat, Paul and everyone else that said be patient, THANKYOU!!!

She came in this morning and paid in full and said she will be back with more. (Yes it will be paid upfront instead of partial)

I really like the revised suggestions and may use them in the future.

Thanks fellow Grumblers for coming through again.

Bob
 
I like the revised edition. In my dunns I stress that "the contract signed specifies 30dys after notification of completion AND that I will stop being responsible for ANY and ALL liabilities for goods that are, by your refusal to pickup said goods within the specified time period, abandoned. .....and that your artwork will look ALOT better on YOUR walls than it does in my storage bin" etc etc....layon the guilt!!!!!!!
court judgements.....you may/can get one in your favor but(in FLA, at least) there doesnt seem to be any mechanisms in place the ENFORCE of it! not worth the paper upon which it is written or the wasted time it took!
 
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