Catering pick up no show

[RAHiggins1]

I'll be more succinct than some here. At the risk of being insensitive, take your lumps and learn a hard lesson. You need paper contracts and a deposit that covers your costs before you lift a finger to do anything else.

You should never have let it get to this point.

Edited February 15, 2009 by RAHiggins1 (log)

[Mano]

If it's not too late already, definitely do something with the food rather than toss it.

Also file in small claims court. It's cheap and easy and not too hard to win a judgment if you have reasonable proof and come prepared. If you win and they don't pay, for another fee the sheriff will take their car or other possessions, which will be sold in order to pay you. Things don't always go smoothly, but it may be worthwhile to spend a few hundred dollars to win $1,000.

No guarantee, though, and whether or not you do it and if you end up losing money, consider the loss as "tuition".

[Edward J]

If it's not too late already, definitely do something with the food rather than toss it.

Also file in small claims court.  It's cheap and easy and not too hard to win a judgment if you have reasonable proof and come prepared.  If you win and they don't pay, for another fee the sheriff will take their car or other possessions, which will be sold in order to pay you.  Things don't always go smoothly, but it may be worthwhile to spend a few hundred dollars to win $1,000. 

No guarantee, though, and whether or not you do it and if you end up losing money, consider the loss as "tuition".

←

After the small claims court filing fee is paid, what name should be listed under "defendant"?..........

[Mano]

If it's not too late already, definitely do something with the food rather than toss it.

Also file in small claims court.  It's cheap and easy and not too hard to win a judgment if you have reasonable proof and come prepared.  If you win and they don't pay, for another fee the sheriff will take their car or other possessions, which will be sold in order to pay you.  Things don't always go smoothly, but it may be worthwhile to spend a few hundred dollars to win $1,000. 

No guarantee, though, and whether or not you do it and if you end up losing money, consider the loss as "tuition".

←

After the small claims court filing fee is paid, what name should be listed under "defendant"?..........

←

I'm no lawyer but have filed several small claims that my secretary usually fills out. IIRC the defendant is the person you are suing. The person filing the suit is the plaintiff.

[Dignan]

If it's not too late already, definitely do something with the food rather than toss it.

Also file in small claims court.  It's cheap and easy and not too hard to win a judgment if you have reasonable proof and come prepared.  If you win and they don't pay, for another fee the sheriff will take their car or other possessions, which will be sold in order to pay you.  Things don't always go smoothly, but it may be worthwhile to spend a few hundred dollars to win $1,000. 

No guarantee, though, and whether or not you do it and if you end up losing money, consider the loss as "tuition".

←

After the small claims court filing fee is paid, what name should be listed under "defendant"?..........

←

I'm no lawyer but have filed several small claims that my secretary usually fills out. IIRC the defendant is the person you are suing. The person filing the suit is the plaintiff.

←

If you read the thread, you'll see that the problem here is he probably could not identify a defendant.

[PopsicleToze]

He can possibly identify the defendant via their email carrier. It's public information that can be obtained, probably with a fee.

[Dignan]

He can possibly identify the defendant via their email carrier.  It's public information that can be obtained, probably with a fee.

←

If I was scamming, I'd use a hotmail or yahoo account with all fictitious info.

[Edward J]

He can possibly identify the defendant via their email carrier.  It's public information that can be obtained, probably with a fee.

←

Yes, he can. Assumming that the information would be correct, lets see what we have:

-Owner bears cost to identify mystery customer

-Owner bears cost to file in small claims court

-Owner bears cost to serve named defendant to appear in court

-Owner bears cost to supply defendant with all necesary paperwork, including how defendant's identity was discovered. Failure to do so, or the omission of any item may result in mistrial. A fact that many small claim defendant "regulars" take advantage of.

Now we have to tally up monetary costs, as well time costs

_____________________________________

Assuming a court date has been set within 6 mths and the defendant actually appears:

______________________________________

-Based on personal experience, as well as conversations with small claims clerks and Judges, it is highly probable that the owner will not be awarded 100% of the damages he seeks, most likely 75%. The owner did, after all process no less than 5 suspicious credit cards and still went ahead.

Asuming that the owner is awarded compensation:

__________________________________________

-The owner must bear any costs to retrieve his money.

Now tally up the monetary costs and the time costs.

The original bill was for under $2,000.

[Rusticfood]

Mr. Delicious - I got a similar phone call yesterday at my kitchen in Clifton, NJ - caller was using internet voice relay through an operator, no identifying information, wanted to order food for 100 for this coming Saturday, items that aren't on our menu (BBQ pork & chicken), to be picked up by a delivery service. I told the operator that I couldn't take an order in this manner, caller would need to contact me directly. Caller then disconnected.

Caterers, beware - this is some kind of scam.

[Dignan]

Mr. Delicious - I got a similar phone call yesterday at my kitchen in Clifton, NJ - caller was using internet voice relay through an operator, no identifying information, wanted to order food for 100 for this coming Saturday, items that aren't on our menu (BBQ pork & chicken), to be picked up by a delivery service.  I told the operator that I couldn't take an order in this manner, caller would need to contact me directly.  Caller then disconnected.

Caterers, beware - this is some kind of scam.

←

I'm having trouble seeing how they intend to get away with something here. Are they just trying to be a nuisance? Maybe have you run through a card to see if it's good or how high a charge is available on it? Because to get the item somebody has to come get it, and by then the gig could be up and there could be a cop waiting. You'd need a series of dead drops and delivery men to pull it off. Weird.

[cinghiale]

Perhaps it's a modern-day equivalent of "Do you have Prince Albert in a can?" or, more recently, "I need Amada Hugginkiss" -- only potentially much more costly to the called party.

[PopsicleToze]

He can possibly identify the defendant via their email carrier.  It's public information that can be obtained, probably with a fee.

←

Yes, he can. Assumming that the information would be correct, lets see what we have:

-Owner bears cost to identify mystery customer

-Owner bears cost to file in small claims court

-Owner bears cost to serve named defendant to appear in court

-Owner bears cost to supply defendant with all necesary paperwork, including how defendant's identity was discovered. Failure to do so, or the omission of any item may result in mistrial. A fact that many small claim defendant "regulars" take advantage of.

Now we have to tally up monetary costs, as well time costs

_____________________________________

Assuming a court date has been set within 6 mths and the defendant actually appears:

______________________________________

-Based on personal experience, as well as conversations with small claims clerks and Judges, it is highly probable that the owner will not be awarded 100% of the damages he seeks, most likely 75%. The owner did, after all process no less than 5 suspicious credit cards and still went ahead.

Asuming that the owner is awarded compensation:

__________________________________________

-The owner must bear any costs to retrieve his money.

Now tally up the monetary costs and the time costs.

The original bill was for under $2,000.

←

You deserve that Esq behind your name, Mr. Atty

You're right. Should have never filled the order and the cheapest thing to do would be to learn a lesson fron it.

Edited February 26, 2009 by PopsicleToze (log)

[Malawry]

I've had this type of scammer call my business, too. They called once and I said no. And then a few weeks later they tried again!

I showed up once for a job with no payment in advance. The guy claimed to have sent the deposit via US mail, but I never received it. It turned out he'd mailed it to the wrong address, and it got returned to him the day of the event. He showed me the envelope with the canceled stamp and the check inside it. Then he paid me in cash before I unpacked my equipment. I had catered for him before which was the only reason I showed up at all.

[KarenDW]

The basic MO

Scammer makes an unusual, but not completely ridiculous, request. Offers to pay via credit card.

Seller takes payment, via card, or sometimes via (bogus) money order.

Scammer calls again to cancel said order, and request refund; asks for cash.

Seller makes cash refund. Original payment is rejected by credit card co.

Seller is out the "refund", and Scammer takes the cake.

... as I understand it...

Mr. Delicious - I got a similar phone call yesterday at my kitchen in Clifton, NJ - caller was using internet voice relay through an operator, no identifying information, wanted to order food for 100 for this coming Saturday, items that aren't on our menu (BBQ pork & chicken), to be picked up by a delivery service.  I told the operator that I couldn't take an order in this manner, caller would need to contact me directly.  Caller then disconnected.

Caterers, beware - this is some kind of scam.

←

I'm having trouble seeing how they intend to get away with something here. Are they just trying to be a nuisance? Maybe have you run through a card to see if it's good or how high a charge is available on it? Because to get the item somebody has to come get it, and by then the gig could be up and there could be a cop waiting. You'd need a series of dead drops and delivery men to pull it off. Weird.

←

Edited March 4, 2009 by KarenDW (log)

[v. gautam]

Very sorry about your pain. As someone upthread suggested, the cost may be recouped as ADVERTISEMENT by creating an event, such as a free food giveaway. Suggest giving it to your local volunteer firestation & calling your radio station. You get goodwill in the community, name recognition and can write it off at the same time. You are also doing a good thing helping people who put their lives at risk for the community. So make some free sandwiches for the police, the sherrif's office & the firemen and you will have done yourself a very big favor for the future.