Avoiding a Costly Mistake: Learn from My Recruiting Experience

[Chef Kearns]

Right now I am kinda waiting. The lawyer has drawn up the letter. He will be sending it tomorrow. In the letter he gives her a 10 day ultimatum to pay. So by the first of the month I'll know what we need to do next.

 

[Paige Dixon]

Hey, can the rest of us in the same situation borrow your lawyer's letter to plagerize?

 

[Chef Kearns]

Hey, can the rest of us in the same situation borrow your lawyer's letter to plagerize?

I don't think so. He is being really sweet. He is not charging me (yet). I think he thinks the letter will scare her into paying me. I'm not so sure. Neither is my husband. I tried asking him what the next step would be if she doesn't pay within the 10 days. He hasn't given me a straight answer. I assume because that would mean he would have to start billing me. I don't know. I really do believe in my heart of hearts this girl is on meth. Especially after seeing her home and meeting her husband and young daughter.

 

[Teresa Lynn]

See I'm such a scaredy cat I would be scared to send the letter to the husband's job for fear of him being angry and retaliating.

 

[hoosierchef]

I don't think so. He is being really sweet. He is not charging me (yet). I think he thinks the letter will scare her into paying me. I'm not so sure. Neither is my husband. I tried asking him what the next step would be if she doesn't pay within the 10 days. He hasn't given me a straight answer. I assume because that would mean he would have to start billing me. I don't know. I really do believe in my heart of hearts this girl is on meth. Especially after seeing her home and meeting her husband and young daughter.

WOW. I'm just astonished when reading all these posts about your situation. I'm so sorry to hear that this has happened to you. It just goes to show, that no matter how much we want to be trusting and helpful, we much remain vigilant to protect ourselves. I'll be praying that this all works out for you. Keep us updated.

BTW, I know it would be like squeezing blood out of a turnip, but two things come to mind:
a. small claims court
b. filing theft charges......


Have you heard anything back from HO??

 

[jasonmva]

I may be a bit late for this but can you legally send the letter to her husband at his work place when he is not on the contract? I would be careful in that case because he could come back at you for a disruption of something at his workplace. I personally feel it should only be sent to her. If they refuse the certified letter, then one should be hand delivered, like a summons.

 

[Chef Kearns]

I may be a bit late for this but can you legally send the letter to her husband at his work place when he is not on the contract? I would be careful in that case because he could come back at you for a disruption of something at his workplace. I personally feel it should only be sent to her. If they refuse the certified letter, then one should be hand delivered, like a summons.

I just asked my lawyer to send it to him at work. It was suggested to me by my upline. I thought it was a good idea. Right now he has just sent the letter to their home. If it is refused then....I don't know.

 

[Lisa/ChefBear]

At least in PA, I know you would have not "right" to contact the husband as he didn't sign the contract and he isn't the one responsible for paying for it.

I used to work at our local County Courthouse and it's amazing the things that you see go on and the people that do crap like this, and it's not always just the "drug" people, it's more "upstanding" citzens that do this type of thing allot of the time........

What I would do here, is contact the Sheriff's office and ask if a Sheriff's Deputy could serve her the letter if she won't accept Certified Mail, of course you'd have to pay for that, but that's a cost that can be "charged" to her at a later time.

Sorry about this and I know what it is to get kit nappers, I've signed 2 so far ;(

Lisa

 

[DebbieSAChef]

Kit nappers

At least in PA, I know you would have not "right" to contact the husband as he didn't sign the contract and he isn't the one responsible for paying for it.

I used to work at our local County Courthouse and it's amazing the things that you see go on and the people that do crap like this, and it's not always just the "drug" people, it's more "upstanding" citzens that do this type of thing allot of the time........

What I would do here, is contact the Sheriff's office and ask if a Sheriff's Deputy could serve her the letter if she won't accept Certified Mail, of course you'd have to pay for that, but that's a cost that can be "charged" to her at a later time.

Sorry about this and I know what it is to get kit nappers, I've signed 2 so far ;(
Lisa

I know it's tempting for people to pay $155 for almost $500 worth of products. They sign a contract but it really isn't binding, except morally and ethically. There really is no legal consequence to breaking it.
Unfortunately they get away with it and there's nothing we can do. I mean in Sandra's case the lady won't even be decent enough to pay for the kit and then kit nap it!
That' horrible! And with a nice person like Sandra, it really upsets me because there truly are people out there who could use that help and be honest about paying her back and trying to do shows! It's a shame. Sandra keep us posted! We want to know if this way of dealing with people will actually work for us if we are in the same boat!
Debbie

 

[Chef Kearns]

Okay here's the deal, she didn't pay within the 10 days. Sunday is her last day to comply. I spoke with my lawyer today and he said that it would cost me about $500-600 to pursue this matter in small claims court. He said I would more than likely win the case; however, it she has not paid $150 it was not likely that she would pay $500. I don't think I'm going to pursue it any further. My husband thinks I should just let it go and I don't think I have the energy it will take to get the thing going. NOT to mention I cannot afford to shell out $500! Granted, if I won she would have to pay for the court and lawyer fees, but like I said it is not likely she would pay AND I have to front the money then wait to be reimbursed.

 

[jwpamp]

Just an FYI, you don't need a lawyer to file a suit in small claims court. It usually costs less than $50 to file. While she may not ever pay you, at least there would be a small chance that she may....you never know.

If you don't think it's worth the effort, wash you hands of it and walk away. It's probably just a lesson learned.

So sorry!

 

[cla519]

Just an FYI, you don't need a lawyer to file a suit in small claims court. It usually costs less than $50 to file. While she may not ever pay you, at least there would be a small chance that she may....you never know.

If you don't think it's worth the effort, wash you hands of it and walk away. It's probably just a lesson learned.

So sorry!

I agree this is the way you should do this. I had to file a suit against someone in small claims court and it only cost me around $50 and I did it without a lawyer and won.

 

[smspamperedchef]

My (ex) recruit's kit was unopened thankfully and P.C. in their policies say they will refund back up to 90% depending on how the contents are. They refunded me back 100% I believe is because I wrote P.C. a long letter and spoke to them on the phone numerous times! They are really great!!!

 

[jrstephens]

Okay here's the deal, she didn't pay within the 10 days. Sunday is her last day to comply. I spoke with my lawyer today and he said that it would cost me about $500-600 to pursue this matter in small claims court. He said I would more than likely win the case; however, it she has not paid $150 it was not likely that she would pay $500. I don't think I'm going to pursue it any further. My husband thinks I should just let it go and I don't think I have the energy it will take to get the thing going. NOT to mention I cannot afford to shell out $500! Granted, if I won she would have to pay for the court and lawyer fees, but like I said it is not likely she would pay AND I have to front the money then wait to be reimbursed.

I am a legal secretary. You can file a small claim yourself. All you do is go to the courthoust and fill out the forms and then they serve her. For $150 it would not cost you that much at all. Of course the costs are diffent in different states and counties. But you will need some kind of paper work from PC showing you paid for her Kit out of your account. They have to have proof of the debt.

They will serve her my mail or personal service and then she will have so many days to answer. If she does not answer it, you fill out another form to apply for a default judgment. When it is entered you can file it in the local probate office and it acts as a lien against any property in her name and she cannot sell it or buy any land without that lien being cleared up.

If she stills refuses to pay after you get the judgement, if you know where she works you can even get her wages garnished.

And the judgment will cover the costs of court too, so, you can end up getting that back.

You cannot go after her husband though and service on him will do no good b/c he is not the one who owes you.

Of course I am not an attorney just a legal secretary.