Deposit required?

[unclrob]

As it say's above would you leave a deposit when you drop off your instrument for repair?

[BluesMan1]

   Depends on what was being done & how much I trusted the person. For a repair, parts aren't needed to buy, so there really shouldn't be any reason for a deposit. If it was a deal maker or breaker, would have to think of who was doing it again. And why it was needed. I sent a deposit to Italy for parts, woods, etc. for my Custom I'm having built. A small amount considering what's going into it. Like a repair, most of the guitar (more like all?) is the actual work being done.
   Rob, there must be a reason you're asking this. I'm sure you'll have a reason to counter my thoughts, as you're in the business of doing these things. Unless parts are needed, is there a need to leave a deposit? Sounds like you've been burned by someone not wanting to pay for the cost?
     Jeff

[unclrob]

No nothin like that.I'm sitting on over a $1500 worth of repairs I've done and the yougest is going on 30 days.I have one rush job as in the band I'm with has a gig tomorrow so I need it fast,this one is 45 days old and then theres the oldest repair that is going on 4 years.Since by state law I can't charge a storage fee nor can I sell them for money owed I was thinking of charging a 25% deposit for all jobs so at least I got something.

[Randy_R]

No nothin like that.I'm sitting on over a $1500 worth of repairs I've done and the yougest is going on 30 days.I have one rudh job as in the band I'm with has a gig tomorrow so I need it fast,this one is 45 days old and then theres the oldest repair that is going on 4 years.Since by state law I can't charge a storage fee nor can I sell them for money owed I was thinking of charging a 25% deposit for all jobs so at least I got something.

unclrob,

It would seem you need a contract written when you do repair work that stipulates that if the repairs aren't paid in full or other agreeable payment options negotiated, then you have the right to sell the instrument after 90 days of completiion of the contracted work..  or some such???

[Mr_LV19E]

Have you contacted these people and let them know their instrument is ready? I'm sure you have but had to ask.
In answer to your question, yes I would pay a 25% deposit and not think anything of it.
I guess if I was an a$$  h0le when they finally did come to pick the instrument up I would tell them that my rates went up and charge them double to cover my storage expenses. But that probably wouldn't help my business.

[BenF]

I'd happily leave a deposit for works to my guitars. Don't see any reason for it to be a problem.

[unclrob]

Randy I checked into that and the state told that was also not allowed.


Yes I call weekly and a few of them have called and have been told they need to take care of it before anymore work could be done.I've also got in touch with the other....Aahrum "tech's" and informed them.One guy thanked me,one of the others only does the work for GC and he gets paid by them but also asked for a list just in case.

[Michael T]

The tech/luthier (he does build guitars) I use here on the gulf coast of FLA has a 50% plus parts (est) deposit policy and a "BIG" sign instruments not paid in full and picked up within 30 days of completion notification become his property and will likely be sold. Sounds a little stiff but then again I was there the day mine was done each time as he runs 3 weeks out for most work to begin with. Even if he couldn't enforce it it is intimidating.

[BluesMan1]

   Unfortunately, Rob can't insist on that in his state. One of my luthiers just got around to doing a repair he forgot about for 5 years. Apparently, the person having it done is an idiot or something, letting it sit that long w/o taking it back, driving 10 minutes, & going to the other luthiers former apprentice. A certified Gibson repairman, which is hard to come by.
   Rob, you'll have to figure out a way to do what Randy suggested, just phrased the right way. People can be really inconsiderate @ times & take advantage of others. Don't think about your time & money?
     Jeff

[flathead]

Unclrob read the section  "As an alternative" at the bottom. Flathead.

Unclaimed Property1
By Judith Silver, Esq., Coollawyer.com  
Q:I own a sporting goods specialty shop where we also do repairs, and we collect payment upon completion of the work. In some cases, we have customers who just leave their property with us after completion of our work. We tell them that if the item is left for more than 30 days following the completion date, the property becomes ours. Is this legal? If not, what are our alternatives?
Answer:
Most states have statutes which grant a lien in on an item created or repaired by a service provider and for which the provider has not been paid. In nonlawyer speak, this means you can hold the item as security until you receive payment. (In Florida, this even extends as far as your vet being able to hold your pet as security for services--but I digress.)

If you have a lien, then you can use the court system in your state to enforce the lien and satisfy the debt through sale of the item. This can be a fairly complex process, depending on your state and county, so you should consult with an attorney or other collections professional. If you were to save up all these items and do them in bulk, or outsource the process to a third party, it might be financially worthwhile.

If the customer has paid you for services, you have no right to withhold the property from its owner. It would be a good idea to remind the owner the item is waiting and warn them of what will happen if the owner doesn't come and collect it by a deadline.

It is wise to check the law in your state regarding unclaimed property to be sure that the property in question does not fall under "unclaimed property" regulations. These regulations typically require banks and fiduciary agents to forward unclaimed funds usually from dormant accounts in financial institutions, insurance and utility companies, safe deposit boxes and trust holdings to the state for keeping for the owners. Failure to promptly forward such items can result in fines.

Rightful owners can usually claim their property at any time. In Florida, for example, the state holds more than $800 million (see http://up.dbf.state.fl.us) in unclaimed property.

As an alternative, you could have your attorney draft a contract in which the owner agrees that you may charge her credit card for the amount of the services upon completion if she fails to pay or fails to claim her item and that she agrees to your disposal policy for unclaimed goods. Furthermore, you can limit liability, waive warranties and accomplish other helpful legal objectives in the process. These contracts can be drafted concisely into a single page and, correctly written, would be enforceable and potentially get the quickest and easiest result for your business.



All answers are general in nature, not legal advice and not warranted or guaranteed. Readers are cautioned not to rely on this information. Because laws change over time and in different jurisdictions, it is imperative that you consult an attorney in your area regarding legal matters and an accountant regarding tax matters.

1 Readers are cautioned not to rely on this article as legal advice as it is
no substitution for a consultation with an attorney and an accountant in your state. Based
on jurisdiction and time, the law varies and changes.

[JOYCEfromNS]

As it say's above would you leave a deposit when you drop off your instrument for repair?

If a person I am doing business with has a solid reputation I would and do without question regardless of what "the job" is.

[gitnoob]

As it say's above would you leave a deposit when you drop off your instrument for repair?

No, but a storage fee would make me pick it up quicker.    Martin charges a storage fee if the repaired guitar is not picked up within 30 days.    You're saying that TN law says you can't charge a storage fee?    Call it something else then -- a late payment fee.

[golfer]

unclerob;  I have a feeling a signed contract between you and the client would be in lieu of the states statutory requirements.  Your attorny would help with that, but there has to be a way to unload stuff that is left unclaimed or unpaid for as agreed by a contratual agreement.
Best wishes.

[teh]

I guess if I am willing to pay the doctor's bill before they let my wife leave their office (Her Achilles surgery cost us $3 grand in 2009 in deductibles and co-insurance fees), I wouldn't have any problem leaving a deposit with my a luthier for one of my guitars. (Just kidding honey).

Seriously, if you are dealing with a reputable repair shop there should be no question on leaving a deposit.

If I owned the shop and the customer was unwilling to leave a deposit, I would kindly encourage him to find someone else to do the work. As Michael T pointed out, a sign in the right place should do the trick.

[BluesMan1]

   Nice reading, FH. Rob, I think the storage fee might be a way to get around all of this. It's all in the way it's phrased, I quess. Good luck with all & talk later.
     Jeff

[Michael T]

I guess if I am willing to pay the doctor's bill before they let my wife leave their office (Her Achilles surgery cost us $3 grand in 2009 in deductibles and co-insurance fees), I wouldn't have any problem leaving a deposit with my a luthier for one of my guitars. (Just kidding honey).

Seriously, if you are dealing with a reputable repair shop there should be no question on leaving a deposit.

If I owned the shop and the customer was unwilling to leave a deposit, I would kindly encourage him to find someone else to do the work. As Michael T pointed out, a sign in the right place should do the trick.

Yea, I'm telling ya, this son of a gun (the sign) is all of 3ft x 4ft and right beside the door, no way you are going to miss it. I asked him if he was kidding, dead straight faced "H..l No" I am not the POD Co. here I expect people to pick up their stuff and pay me for my work. He is a very well respected tech/luthier in the area and one of the few that will take on stuff other won't. He is very busy, like I said like 3 weeks out at a min.

I don't know if he can actually take possession and sell your stuff but I don't think it would take more than 1 call and folks would recall that sign for sure.

[unclrob]

Well I checked with the states atty. office and a contract is not legally binding.I would put up a sign but my shop is also my family room.Storage fee's are not allowed in my type of business as the state atty.has told me.Since there is no law as to were I have to store them I have decided that tomorrow which is Saturday I will call everyone again and advise that there instrument will be in storage in my shed unless they are picked up betwen the hours of 12 noon and 1:00.I hoping since it will be 28 degrees overnite that this would be an insentive.Thanks for everyone's point of view

[Michael T]

That'd get my attention!

[unclrob]

I've also decided that requiring a 25% deposit is the way to go.Its not that much I mean at a base rate of $60, were only talking $18.I will also require a 50% non refundable deposit on any parts special ordered.

[ST]

Hi unclrob,

Why not 100% on special order parts?

I mean - why finance 50% of your customer's purchase? I don't see the motivation for doing that.

I've also decided that requiring a 25% deposit is the way to go.Its not that much I mean at a base rate of $60, were only talking $18.I will also require a 50% non refundable deposit on any parts special ordered.