Hmm,

Couple of things, and, I understand your point, first off.

But:
Once you install anthing on the customers ac, it is theirs. You can not take it back. Your option is to take them to court, mechanics lien, etc. The customer could have had you arrested for trespassing once he told you that you where not getting it back and you tried to do so....At least that is the law in Florida...

Contact your warranty company rep. The ones that I do work for occasionally, have me do this, when this situation occurs.
I politely tell the homeowner this:
OK, you will be billed by me. If in 30 days you do not pay, I bill your Home Warranty Company.
You had to get an authorization number before going there, right?
I then proceed to call the warranty company and tell them the situation.
They give me another authorization number, and in 30 days if the homeowner does not pay, and I bill the home warranty company with the new authorization numnber, the home warranty company pays me, and cancels the warranty coverage on the home owner.
I also add an agrevation fee, what I call it, to the bill of the home warranty company. Never been screwed as of yet...
The home warranty companies have the home owner over a barrel so to speak, as they have been paid, in advance, in full, so they don't care if the policy is canceled....

 

I called AHS before I left and they also told him he was to pay 55.00, before I stated I would remove the part and he went cookoo.
And the law states if you leave the premises then it becomes there property, I had not collected nor had I left the call.Doesn't matter any way he will not get service from us and AHS stated he would be billed and if he didn't pay ;Contract terminated.

I have my autho # for relay and service but, it's up to them now to collect.. I am just getting used to AHS again after several years not doing service with them, it brings in alot of revenue I would tell anybody, it makes money...

 

Not getting Paid

Notice you are in TX. people are wrong when they tell you you have to take them to court. in texas the theft of service laws are strict i would look them up and keep a copy on hand. someone calls your place of business and oks the work they must pay or go to jail it is up to the customer to take you to court not the other way around.

Most police dept. are iggnaraunt to this fact so it is a good idea to keep a copy of the law to educate them.

Eddie

 

Calmly walk over to the condenser, remove the top, remove the terminal cover on the compressor, switch the "C" & "R" leads, return the top back to its original position & secure it, & nonchalantly get back into your service vehicle & leave.

 

We get a few HOs like that.I will do what it takes to fix it then undo it before I call the warranty co.If they say no and the HO has a fit,I politely get my belongings and leave.Then call the warranty company and inform them of the situation.This way,I cover my tail and all I lose is the diagnostic fee and some time.They'll be hard pressed to get the warranty company to send a second tech out.

 

Theft of services is a criminal offense. Happens again, call the police. If you take a taxi ride and dont pay, go to jail. If you get an oil change at jiffy lube and drive off, go to jail. Walk out of restaurant after eating and dont pay, go to jail. Recieving a A/C service and dont pay , go to jail.
The nut will get a misdemeanor citation, book himself into jail, go to court.. found guilty, pay you plus court costs plus whatever punishment judge hands down and a criminal record to boot.

 

Texas penal code 31.04
§ 31.04. THEFT[0] OF SERVICE. (a) A person commits theft[0] of
service if, with intent to avoid payment for service that he knows
is provided only for compensation:
(1) he intentionally or knowingly secures performance
of the service by deception, threat, or false token;
(2) having control over the disposition of services[0] of
another to which he is not entitled, he intentionally or knowingly
diverts the other's services[0] to his own benefit or to the benefit of
another not entitled to them;
(3) having control of personal property under a
written rental agreement, he holds the property beyond the
expiration of the rental period without the effective consent of
the owner of the property, thereby depriving the owner of the
property of its use in further rentals; or
(4) he intentionally or knowingly secures the
performance of the service by agreeing to provide compensation and,
after the service is rendered, fails to make payment after
receiving notice demanding payment.



http://www.capitol.state.tx.us/cgi-..._KEY=DNGKIROGYRGY&CQ_QUERY_HANDLE=124980&CQ_CUR_DOCUMENT=43&CQ_TLO_DOC_TEXT=YES

 

Once you install anthing on the customers ac, it is theirs. You can not take it back. Your option is to take them to court, mechanics lien, etc. The customer could have had you arrested for trespassing once he told you that you where not getting it back and you tried to do so....At least that is the law in Florida...

In Texas, as long as you havn't left the property, they have to pay up or let you get your parts back. Even then they can still be held responsible for the labor.
If a HO threatened to call the police, I would tell him to go ahead, I'll wait here on your porch, and the clock is running at regular service rates.

If you leave the property without collecting, you have extended them credit though.

The really fun one is if they wright you a check, and it bounces or they stop payment on it. At that point you can turn it over to the DA and a deputy will show up at the persons door and give them the choice of paying right then or going to jail for theft of services.

If it is a case where we have to sue someone and win a judgement against them, but they won't pay up, we get to have real fun. For a very small fee, a deputy goes to thier house and looks to see if there are any cars, trucks, trailers, boats, etc on the property that can be hauled away. If there are, the items get hauled off and auctioned. We get full payment out of it first, county takes a chunk, then if anything is left over, the HO gets it.

 

Texas penal code 31.04
§ 31.04. THEFT[0] OF SERVICE. ....... (4) he intentionally or knowingly secures the
performance of the service by agreeing to provide compensation and,
after the service is rendered, fails to make payment after
receiving notice demanding payment.



http://www.capitol.state.tx.us/cgi-..._KEY=DNGKIROGYRGY&CQ_QUERY_HANDLE=124980&CQ_CUR_DOCUMENT=43&CQ_TLO_DOC_TEXT=YES

This is the relevant section that I think applies here. This customer did not agree to provide compensation. He "expected" AHS to pay. This is where getting authorization before providing service is important. IMO AHS should pay you then fight with the homeowner, but I have no idea what your contract with them is.

 

I learned the hard way a long time ago. On a "warranty" call, the moment I find something that is not going to be covered by the warranty, I stop and explain the problem and what the cost is going to be to him before I proceed any further.

Most of the time, they aren't happy about it. But, I have found that it easier to be up front before they are handed a bill, instead of trying to explain it to them after the fact.

 

I work mostly w/ AON. They are easy to deal with. The tech collects the deductible before performing any work. You don't have to call if it's under $500. With AHS you must call before performing any work over $50. There was no manufacturers warranty on the part you replaced,right?
And as far as the law states, the HO was not told he would have to pay before you did the repair, so he was not trying to deceive you.
If a HO starts giving lip, I walk and bill the warranty co. If the HO won't pay , bye-bye to his contract.