Without getting into a huge legal discussion between non-lawyers which not many of us are, what do you all do when your customers don't come pick-up their birds after you have notified and left message after message? Can you "sell" the wood, base, etc. and "give" the bird away? How long do you wait before you take some action on a piece that is not being picked-up? I am learning that the good old taxidermist can fast become a storage facility. I collect a deposit up front but do not necessisarly want to just add customers birds to my showroom collection. I also learned from my accountant that you are very limited in the deductions made in a "service" industry. I thought you could write-off donations of mounts (i.e., certificate for mounting a customers bird)to DU etc., but you can only write-off your costs and not the labor involved with a "service". Thanks for your thoughts.
Briarwood
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The bird option, is not consided an option by the Fed's. You cannot sell the base or Dwood and toss in the bird.
My accountant and the IRS auditor told me the only portion of a mount you can write off is the cost of materials when you operate on a cash basis. This is I mount $200.00 worth of items this week and the next week I mount $750.00 in items for example.
You can write the labor off, if you pay your self a set salary.
So you pay yourself $450.00 every week after taxes etc. If the mount is not picked up then you can write the difference off.
Anyhow this is what I learned after going through a indepth three year audit. MY accountant, the initial IRS Auditor, then his Supervisor and finally the IRS CONFEREE!
send a registered letter stating they have 60 days to contact you and arrange payment or you will sell the trophy to recover your costs? I've been told as long as you document notifying them you are all right, but I was told this by a fellow taxidermist, not by a lawyer. The taxidermist lost a case because he only phoned and the judge told him he should have sent something he could document.
Can't you just donate it to the state? I am not good with write offs, so I won't comment on that, but maybe the state would like to have it for one of their wildlife showrooms.
This is an age old problem for sure, but when it comes to migratory waterfowl you have to be careful. The feds are onto the selling of driftwood and giving the bird away.
Something that usually works is to let the customer know that his trophy will be gone if he doesn't come pick it up in a stated amount of time. This is a catch 22,because you can't afford to make any customer mad, however, it's this type of customer you don't need anyway. I have had a couple of situations like this, and when the customer heard that his trophy was going to be desposed of, they came quickly. The real solution to this probelm is to get real good at what you do and charge for it. You'll find that being higher in price than the guy down the street will bring you a better class of clientel. Of course you have to BE much better than the guy down the street.
If you are proud of the birds you've been stuck with, then hang them in sporting goods stores for advertisement. And in the future try to read your customers. Look outside and see what they are driving, and find out what they do for a living. If you are suspicious, then take more deposit. And always call them just before you are going to mount their trophy to see if they are ready for it,and tell them approximately when it will be ready and is that going to work for them. Oh, and another thing, do not call a customer when his trophy is done and leave a message with the wife. I did that one time, and the wife said "Oh, just what does my husband have at the TAXIDERMY SHOP?" Six weeks later he picked up his stuff! Of course all wives are not that way, but worth thinking about.
Go by and see your lawyer. Have him write a letter to the person on his letter head stating that they have been retained by you to assist in the collection of the outstanding debt owed to your company. Have it sent registered. After 30 days, if you have not recieved payment, take the letter and a copy of your contract (a verbal contract is valid up to a certain amount, depends on your state, and will stand up in court) and file a small claims court case against said person. Be sure to bring your documentation, including copies of invoices, call logs, reciepts for deposits, etc.
I usually get about 6 months of call logs, calling at least once every two weeks, before I get my lawyer to write the letter.
Also DON'T give them the 30 days or I'm gonna sell it routine, you are threatening legal action and it has a much stronger and more forceful implication.
Its a shame when you have to do this, and you probally will have to pay your own court costs ( you may get them reiembursed on top of the amount owed if your lucky.) I'm going to file one at the first of the month against another deadbeat.
Good Luck,
ClifC
When I get any kind of waterfowl in to mount I get 100% payment before I start any work on it .......
This should help eliminate any non payment or no pickup on waterfowl and you are out NO $$$$$$$ because you can't sell the item that is not picked up.
Been in the same situation you have and it is a pain in the A$$.
ALSO A REGISTERED LETTER WITH A SPECIFIC DATE OF PICKUP ON IT WOULD HELP TOO.
Hope this helps.........
Jeff
In researching the requirements of taxidermy in VA, I found they have a set procedure and time frame that they want you to follow in regard to collections of unclaimed service performed(The mount). If you have not done so already, double check with your state requirements so that it does not come back to bite in the @ss. Just a thought. Good luck.
My WCO told me I have to send a reg. letter then give them 30 days after I get the receipt that it was signed for. Then it's mine, I can sell, throw away, or whatever I want with it, as long as I give the tag info. for origin, with it.
LIke Jeff stated, doesn't get started until I have payment in full. on other items such as pheasant, turkeys.. I will genenrally place a courtesy call a couple weeks before I plan on starting the bird telling them that their bird will be ready to pick up within the next month. I've had good results with that.. but even still you get the people that just have more important things to tend to first.
Storage fees are also an option.. On migratory.. I will hold a bird for up to 90 days, after that if the deposit hasn't been made, I will start charging a cold storage fee.
Once the mount is completed on non-migratory.. If I still have possesion after 60 days.. The mount starts to incur a dollar a day storage fee.
Its all in the contract they sign, and agree too.. and I have very rarely had any problems
j
Just hang on to those mounts that are not picked up....................sooner or later another customer will want one mounted up just like it and you can pass it off and at the same time impress the heck out of him with your fast turn around time!
Wink
This is obviously a topic that you have all had to deal with and I thank you for the input. I think I will attempt one more call and than bring the bird down to the local sporting goods store add to a few others I have on display.
I have been on this site for about a year now and am still inmpressed with the support available within the taxidermy community. Thanks all.
Briarwood
Always make sure you have a contract. In which is included terms of payment. Mine say specifically, that Failure to redeem the mount does not relieve the owner of the obligation of payment for work. It also says mounts not redeemed within 30 days will be charged $1.50 per day storage. I give ample time for them to retrieve their mount 12 months. I send them certified letter. Then I file suit in civil court for the amount plus storage. I explain to the judge that By federal law. I cannot sell waterfowl to recoup my funds. I get a judgment for what is owed, and the continuing $1.50 per day storage. File a lien on their real property, and one day they will be forced to pay. That will be the day they try to sell their home. And discover they must pay the judgement before doing so.