Ex Customer Says,"i'll Make Your Life Hell".

[milsaps118]

I got a referral back in June. This guy calls me from Cincinnati, OH (I'm in MN) says he owns the house that is for sale on the same block I cut 3 others. The ppl that I cut across the street recommended me to him. He asks me how much to M,T,B and to fert. I give him a price he's fine with the mowing but bitches about the price to fert. I don't budge so he says ok do it. I send him the contract, he signs it and sends it back but on the back where I list all the legal stuff he crosses out my early cancellation clause. I call him and ask him what's up with that? He says they plan on moving back later towards the end of summer and that he was going to do it himself. So I say fine I'll exempt him from that only on that condition. Yard was in very poor condition when we start. Sprinklers haven't even been turned on, broadleaf every where, never even been cut from Apr thru 2nd wk of June and it was only 5"-6" long. First day we cut and spray, the other neighbor (not one of our cust) comes out and thanks me spraying the weeds (fyi-this is rich neighborhood 750-1M houses) said he's so glad we're doing something over their. Week later homeowner gets someone to go over there and turn on the irrigation, back-flow has a crack in it. He calls me to see if I can fix it. We fix it, I send him a bill....big surprise he bitches about it, I charged him $180.00and tell him that's a very fair price especially for emergency service. He pays. Last bill I send him back in July was for 3 cuts, 1 weed/feed, bill was $225...big surprise he calls and bitches about that, ends up canceling us. I don't budge, tell him to pay the bill or I'll start adding late fees. He say's he'll pay it. I get a check from him 3 weeks later, I deposit the check a week later, 3 days after that the check comes back "CLOSED ACCOUNT". I call him and let him know what's up, he then goes on saying that he new the account was closed and that he doesn't feel that he should have to pay the bill. We go back and forth, finally he says fine I'll send a new check out(this was back in late AUG). A week goes by..nothing. I send him a new bill with back dated late fees. I attach a note that says if we didn't receive payment by Sept. 19th we would start legally on the 20th. 19th rolls around ...nothing, I call him to see if he sent it, he says, "yes, I do bill pay thru the bank so you should see it soon." Well... yesterday he calls and starts crying about all the late fees ($40 total) and refuses to pay them, he agreed to the past due bal and the NSF charge but not to the late fees. We go back and forth then he says, "You don't want to mess with me, I'll MAKE YOUR LIFE HELL, you don't want that!". So now he claims he's going to send pmt less late fees, I told him don't send anything at all, I don't want it now, I'll let a judge decide. I told him if he sends the check I'll send it right back(at this point this ******* has me so steamed but I didn't let him see it)and not only that I told him I was going to sue for the maximum small claim suite $7500. he starts calming down and tries to back peddle his way out, saying, "I'm sorry, I'm frustrated, blah blah..." I tell him see ya in court, I have nothing but time, but for you and your wife (the check had her name on it so she going on the claim form to) you'll both have to take the day off to see me and a judge. He was so PO'd he didn't say anything for about 3 second, all I could hear was him making whimpering noises like a little pouty kid so I hung up on him. :waving:

Sorry for the loooog thread:drinkup: but had to let off some steam.

[Albery's Lawn & Tractor]

Good for you. Hope you get the money.

[DBL]

good job getting that far but once he got all upset at the and he said he was sending the full amount i would i have taken that and been done with him

[Supper Grassy]

Good for you.

[Albery's Lawn & Tractor]

good job getting that far but once he got all upset at the and he said he was sending the full amount i would i have taken that and been done with him

Thats what my lawyer keeps telling me to do instead of losing my temper:hammerhead:

[lawnman_scott]

You will only get what he owed plus court costs. The $7500 is the limit for the court. Yuo wont get paid for your time... I would have taken the money, cashed the check, then called and told him what a little "female dog" he is.

[carcrz]

If the account got closed, you can still take the check to the bank & get cash.

[Albery's Lawn & Tractor]

If the account got closed, you can still take the check to the bank & get cash.

How..........

[milsaps118]

good job getting that far but once he got all upset at the and he said he was sending the full amount i would i have taken that and been done with him

At this point the $$ doesn't even matter to me, the fact of the matter is, If you hire a company to perform a service (not just LC but in general) and agree to it, be responsible and pay your bill. Don't play games and bicker about a price you already agreed on and send bad funds. He threatened me(which I don't take personal), so now I'm going to add salt to the wound and take him to court. I wonder how many other businesses he's done this to and got away with?? Not me.

You will only get what he owed plus court costs. The $7500 is the limit for the court. Yuo wont get paid for your time... I would have taken the money, cashed the check, then called and told him what a little "female dog" he is.

I know...I'll list the maximum allowable claim anyway and let a judge decide what I get. I know it's only going to be Bal. due + court filing fee.

[milsaps118]

How..........

Yeah...I want to how too??? The check had a big stamp on it that read "ACCOUNT CLOSED"

[ACutAbovesiny]

"...he then goes on saying that he new the account was closed..."

That is criminal fraud.

[milsaps118]

"...he then goes on saying that he new the account was closed..."

That is criminal fraud.

I know..I even sent him a copy of the statute for fraudulent check writing. I can't wait until court day to tell the judge what he said to me.

[carcrz]

I've went into their bank & handed them the check. I talked to a manager, but got my money. They'll go after him now. Remember that this is also mail fraud since he knowingly mailed an invalid check.

[milsaps118]

I've went into their bank & handed them the check. I talked to a manager, but got my money. They'll go after him now. Remember that this is also mail fraud since he knowingly mailed an invalid check.

Problem with trying that is the check was issues from a bank in Cincinnati, OH. I live in MN.

[carcrz]

That would be a problem then. If it's a major or local bank they'll have a local branch like I went into.

[lawnman_scott]

I've went into their bank & handed them the check. I talked to a manager, but got my money. They'll go after him now. Remember that this is also mail fraud since he knowingly mailed an invalid check.That seems slightly backwards to me. So you are saying the bandk will give you the money on a date after the account is closed, knowing its closed tking the burden of collection on themselves?

I cant say for sure, but I would guess a lawyer could make the point that if the check is cashed its not invalid.

[HOOLIE]

I would've taken the money minus the late fees.

Umm, sounds like this guy has already made your life hell :dizzy:

[carcrz]

That seems slightly backwards to me. So you are saying the bandk will give you the money on a date after the account is closed, knowing its closed tking the burden of collection on themselves?

I cant say for sure, but I would guess a lawyer could make the point that if the check is cashed its not invalid.

Not my problem now. I've got paid. They also wrote the check from the bank knowing that their account had been closed. This alone would make the bank somewhat responsible.

[topsites]

Forget all that, red flag fool like this is advance payment for me, had enough of these cases this year :laugh:

First the guy is out of state, right away I'd check to see if he really owns the home, I done got took by this method before.
Oh, recommended, word of mouth huh? Red flag 1, smooching me up :laugh:
Well, why tell me all that, who cares?
Then he wants to complain?
Maybe, but edit the contract?
Right here I knew the payment issue was coming, at least I suspected it strongly.
That guy's got a LOT of nerve, See Ya!

Yup, throw the contract in the garbage, agreement failure, customer didn't want it.

As for problems that pop up afterwards...
I don't call problem customers, got tired of arguing.
When there is one wants a problem I handle them, from my end.
Just like a big corporation does, canned form letters let you in on what's coming, systematically.

You should tell that guy he's lucky it wasn't me.
A $40 late fee is nothing, mine's $15 per day for 30 days, they can call all they want.
By this stage their number is on Identi-ring, I don't answer those.
Call me from a separate number to fool me?
Sorry, not allowed to talk, hang up on you!
30 days later it goes on their credit record, no judges, no courts,
no more games and no more wasting my time, that's my attitude.

Which, that's after more than a few of these jerked (or tried to jerk) me around.

[HOOLIE]

So now he claims he's going to send pmt less late fees, I told him don't send anything at all, I don't want it now, I'll let a judge decide. I told him if he sends the check I'll send it right back(at this point this ******* has me so steamed but I didn't let him see it)and not only that I told him I was going to sue for the maximum small claim suite $7500.

Actually, by refusing his offer of payment, IF you go to court, the judge is highly likely to give you a public dressing down. Trust me after going to small claims court more than a few times, those judges would much rather the 2 parties come to some amicable agreement. They would rather NOT render a judgement, they prefer you to work it out. Not saying you would lose the case, but be prepared to look like a fool in front of 40-50 other people. The people way in the back row will snicker :laugh:

[Roger]

I would've taken the money minus the late fees.

Umm, sounds like this guy has already made your life hell :dizzy:

Not quite right in my opinion. Rather, YOU LET your life be made hell by this man. I am constantly amazed how so many let themselves be exercised by others who do something they don't like. You had the chance to get the money and move forward. But, the need for some kind of revenge got in the way and now you end up spending unproductive time fiddling with the court scene. What a waste of time. For what? Even if you get a judgment favoring you, with your charges and even the late fees, what have you achieved? Is there such great value in gaining control over somebody you don't know (other than the brief and hassled business relationship), and somebody you will never see or interact with again?

Are there this many angry, bitter, revenge-filled people walking around?

These cases make me angry. My tax money goes to fund a judicial system. These kinds of cases are consuming resources of the system. So often, posts are made that include "... sue 'em." Rather than work out something over a very small sum of money, the strategy is to use litigation to solve the problem. There should be no reason to consume valuable judicial resources for these kinds of cases.

[cgaengineer]

Sice he was likely going to sell the house...I would have not said anything liened the property. Unless the property goes into foreclosure you would have gotten paid.

[MarcSmith]

Roger,

The guy had said they he'd send the money, but it never came and when it did come it was on a closed account....You'd be a schmuck to take him at his word any more....If I jerked you around 2-3 times and then said, OK ok, I'll send the check....and then I don't send the check...Who's dumber...me for not sending the check or you for believing me that I'd send a check after already lying to you...

Its not about control or revenge, its about getting paid for work that you did in good faith with a signed contract.

Screw him....Take him to court, tack on your court costs, and your legal fees, Ie the time it takes you to go to court and deal with it, and then also add on your late fees, plus the returned check charges. And On my way to court I'd stop in the country property offices and place the lien on the property so its in force when you get to court. In FLA you could place a lien before going to court.

Also in Florida, they like to send you to mediation before any ruling by a judge, but I never had anyone show up to oppose me so I got default judgment since the other party failed to show to defend themselves. Chances are the guy won't show up to court.

The key will be getting him served with his court papers. Since he's out of state you'll have to rely on US mail or a currier service. I Paid the Local sheriff to serve the papers when I was in FL...I figured having a cop show up on your doorstep and serve you with a request to show up for court, was always a nice touch.

It is a shame that we have to resort to civil court and clog up the system and waste taxpayer money, but with an unending supply unethical customers as a business owner you have little choice.

And the last time I checked. I pay my taxes so why should I not be able to use government services I contribute to.

[Charles]

I would have took the money, minus the interest on one condition. I wouldn't take anymore of his worthless checks!! I would say--"When are you going to be home so I can pick up my cash?!! If he were on the phone, i would say I will drop the interest if you pay me right now and pay me cash. If he said he would have to go to the bank then I would say "good, I will follow you there right now!" lol Forget all this bad checks in the mail stuff. Be a real collector:usflag:

[LindblomRJ]

Put the screws to him. Serve him with papers let the court make the decision. Even better now that he is out of state.

[MarcSmith]

Charlie, charlie, charlie,....gotta open them eyes and read the post....don't just jump in half cocked

Being that hes only 730 miles away, I think a trip to the local bank and a twenty hour round-trip is a great idea :rolleyes: don't you....:laugh:

[Charles]

Charlie, charlie, charlie,....gotta open them eyes and read the post....don't just jump in half cocked

Being that hes only 730 miles away, I think a trip to the local bank and a twenty hour round-trip is a great idea :rolleyes: don't you....:laugh:

Ok, I overlooked the first sentence LOL .I have a policy for out of town people. They pay me first. The check clears, then I do the work

[milsaps118]

Actually, by refusing his offer of payment, IF you go to court, the judge is highly likely to give you a public dressing down./QUOTE]

I gave him plenty of chances to pay the bill w/o any late fees, the last conversation I had with with this guy was when he called me and was bitching about the back dated late fees. A week before that I called him to see if he sent pmt and he lies to me and said he payed it thru auto bill pay with his bank. I'll go to court, the court admin will ask us to resolve the issue before we see the judge, I'll agree...the prick will say I'll pay the bill less the late fee's, I'll tell him no deal pay the whole thing you agreed to the contract that I have with your signature.

[QUOTE=Roger;1975590]Not quite right in my opinion. Rather, YOU LET your life be made hell by this man. I am constantly amazed how so many let themselves be exercised by others who do something they don't like. You had the chance to get the money and move forward. But, the need for some kind of revenge got in the way and now you end up spending unproductive time fiddling with the court scene. What a waste of time. For what? Even if you get a judgment favoring you, with your charges and even the late fees, what have you achieved? Is there such great value in gaining control over somebody you don't know (other than the brief and hassled business relationship), and somebody you will never see or interact with again?

Are there this many angry, bitter, revenge-filled people walking around?

These cases make me angry. My tax money goes to fund a judicial system. These kinds of cases are consuming resources of the system. So often, posts are made that include "... sue 'em." Rather than work out something over a very small sum of money, the strategy is to use litigation to solve the problem. There should be no reason to consume valuable judicial resources for these kinds of cases.
Sorry Roger...obviously you and I have different views in what is right and wrong, and what is a waste of time. I have no bitterness, not looking for revenge, angry yeah a little...some smuck who lives in $850K hires me to do lawn care and now he want to bend me over????? Sorry but I'm not having it! It's not even about the money, I'm not going to loose any sleep over the $$ that he owes me, I can still pay my bills and support my family. It's the principal that matters here, not who has "control" over who. The fact that I provided a service and now he's trying to take advantage of me isn't morally or ethical right. You might have been fine with collecting your money and moving on(and I gave this guy many chances), but what message does this give your customers???? "Hummmmm...I'll F***K with Roger and not pay him and see how far I can take this. If he bothers me long enough I'll pay him" That's the message I'd get if I was a customer trying to screw with my LCO. The filing process takes about a week, then they set a hearing date which will be well beyond the end of this lawn care season. I sit around in the off months anyway so my time from Nov-Mar is "unproductive" regardless unless it snows which is very rare around here. Sound like your the bitter one here. P.S...my hard earned tax $$$ goes their to (judicial system) so now its my time to use it.

Sice he was likely going to sell the house...I would have not said anything liened the property. Unless the property goes into foreclosure you would have gotten paid.
Checked on it, you have to be very precise on the lien process here in MN, if your paper work is not filed correctly the lien serves no justice. A lien company wants $300 to handle everything.

[LawnMowerMan2003]

Not quite right in my opinion. Rather, YOU LET your life be made hell by this man. I am constantly amazed how so many let themselves be exercised by others who do something they don't like. You had the chance to get the money and move forward. But, the need for some kind of revenge got in the way and now you end up spending unproductive time fiddling with the court scene. What a waste of time. For what? Even if you get a judgment favoring you, with your charges and even the late fees, what have you achieved? Is there such great value in gaining control over somebody you don't know (other than the brief and hassled business relationship), and somebody you will never see or interact with again?

Are there this many angry, bitter, revenge-filled people walking around?

These cases make me angry. My tax money goes to fund a judicial system. These kinds of cases are consuming resources of the system. So often, posts are made that include "... sue 'em." Rather than work out something over a very small sum of money, the strategy is to use litigation to solve the problem. There should be no reason to consume valuable judicial resources for these kinds of cases.

Doesn't the principal bother you?

[deere615]

Ha ha thats funny good for you for standing you ground.

[Roger]

I went back to the original post to try to understand the total amount outstanding. I don't find a total, but I believe the amount to be $180 + $225. Is this right, or have I misunderstood? In any case, these are the only two amounts noted, so the total ($405) is the maximum, but the amount could be lower.

Also, I looked to determine if you had hired an attorney to file the case and take the case to court. I find no mention. Can we presume this step has not yet been taken?

If not, I'm not sure where you can find an attorney who will take a case for this amount. If somebody is willing, this means they have nothing else to do, which, in itself, speaks to their abilities to do legal work. I doubt attorney fees will be anything less than your outstanding balance. And, I believe filing fees will have to be paid when the case is filed. My point is the cost of getting the case before a court will probably cost more than you might get in return.

To add to my point, the court will not collect the outstanding money -- at least I don't think so. You may get a favorable ruling, and now you are still confronted with the collection part. In this case, there seems be very little debate on whether the money is owed, or not. Therefore, a favorable ruling to you will only confirm what both parties already know. From what I can understand, there is no mystery of what funds are to be paid, or question on the merits of the charges (e.g. unperformed work, shoddy workmanship, etc). The payment terms of the contract are clear, and known to be violated by all parties. Am I right about these facts?

Over the years, I have read many posts about somebody having gone to court to get a ruling, and NEVER getting the money.

For those who suggest "it is the principle" of the matter, how much money are you willing to spend to establish an already known principle? (BTW, "principal" is the headmaster at the school. Have your parents get their school tax money returned -- it did not do the job.) I think there is nothing more to this matter than, "... I did the work required, I expect to be paid for what I did." What other "principle" is involved? Does the other party really care about having a "principle" proven to him in a court? I don't think so. If he has been a problem with you, undoubtedly there is a long list of others that have gone before you. These people generally do not change their stripes. Even if he is made to better understand that he is expected to pay, will that impact you at a future time?

For the sum of money involved here, you must have plenty of time to spare. Every minute you spend on this matter is time not being spent being productive, making money. This case is even worse because it is interstate. How much travel time will be needed to execute the case? If the amount of money was much more, then the trade-off would be worth the time and effort. But, for $405....? I doubt it. Even if you gain a favorable ruling, and he agrees to pay the $405, you will never be compensated for all the time you spend from your daily work schedule.

Perhaps my perspective is a bit different because I have been around longer (in some cases, much longer) than many on LS. In general, I am a hard-nosed person, expecting much for those around me. Over the many decades, I have learned that situations arise that may cause one to loose much money, or potential gain. For example, a lost job here and there, loss of a pension because of a bankruptcy, loss of payment because a situation beyond control of anybody, weather related incident that means heavy personal loss, and the list goes on. For most that have reached my age, I think they will agree that the $405 is very, very puny. And, after awhile, one can get tired of proving "principles" to those who chose to ignore reasonable relationships (personal or business). While trying to run down the loose ends that others create, I would rather spend time gaining other opportunities that will generate higher dividends. There are better things awaiting those who capitalize on opportunities, than those who attempt to dwell on the shortcomings of others.

After reading some of the responses here, plus many other threads regarding customer relations, I wonder what has happened that created all the ill-will between LCO and customer. Some of the comments above hypothesize about what a customer might do. Do these things really happen, or are the imaginations just running wild? I have been doing this work for ten years, and was in the business world for 35 years beforehand. I have NEVER encountered the sticky situations I read about on LS. Somebody is antagonizing somebody to create the messy business relationships.

Maybe I have misunderstood the entire matter, and if so, then disregard anything posted.

[Chilehead]

There's something called "due process" Step one, courtesy call. Step two, late fees. Step 3, demand letter. Step 4, court. Never-ever give the non/late payer the floor to bully you around. I would have called the police and filed a report at the first sign of a threat (harassment in your case). You owe him nothing and he owes you an apology and your money due. Also, not to sound crass or attack your character, but never complain about what you're willing to tolerate.

[razor1]

Ex Customer Says,"i'll Make Your Life Hell".

When I read your title "Ex Customer Says,"i'll Make Your Life Hell".
I had to see if you were from MD. Sounds like a jack*** customer I dumped a few years ago. Hope you get paid.

[HOOLIE]

[QUOTE=HOOLIE;1975489]Actually, by refusing his offer of payment, IF you go to court, the judge is highly likely to give you a public dressing down./QUOTE]

I gave him plenty of chances to pay the bill w/o any late fees, the last conversation I had with with this guy was when he called me and was bitching about the back dated late fees. A week before that I called him to see if he sent pmt and he lies to me and said he payed it thru auto bill pay with his bank. I'll go to court, the court admin will ask us to resolve the issue before we see the judge, I'll agree...the prick will say I'll pay the bill less the late fee's, I'll tell him no deal pay the whole thing you agreed to the contract that I have with your signature.




I agree with you that this guy probably was lying about paying this last time, however my point was you don't flat-out refuse payment...I mean you ARE trying to get the money right?

The whole principle of the matter can be debated endlessly...for me though, I don't sweat late fees.

[topsites]

Over the years, I have read many posts about somebody having gone to court to get a ruling, and NEVER getting the money.

Nevermind the cost itself, but you have to go down there at least 3 separate times: Once to file the paperwork (read: bring enough cash to pay for the cost of court, YOU have to pay this upfront), a second time for the pre-trial hearing (just to set a date), and one more time for the main trial (which all defendants can postpone at least one time for free so maybe even FOUR times).
By the way, YOU have to show for all those events, you don't show one time and it gets thrown out. Your defendant on the other hand doesn't have to show at all, sure the judgement gets passed by default, but to make the point here.

We're talking an hour out of the day the first time, 1-2 hours the second time, and there's no telling on the 3rd or 4th except anywhere from maybe an hour or so to an entire day.

The only way this would be even remotely feasible is for a very large amount (at least 5g) OR if you're a very large company with a lot of outstanding debt cases (at least 10 but really 15-20 deadbeats) now you can send one of your hourly employees like your manager down there with the paperwork and start a routine 1-2-3 thing going... Chances are these multiple defendant / one plaintiff cases will get tried first, more so if the person in charge is well informed on how the system works and makes it easy on the judge and all that, I've seen this work out for like apartment complexes, it's all streamlined or a very large amount are the only ways it is worth it.

Lets not even get into it if the defendant owes say $500 yet hires a $600 attorney, that would really smack :laugh:
So as was already pointed out, there are still no guarantees.
Here in Virginia only 20% of all judgements are ever satisfied.

So that's why I decided a long time ago I am not wasting my time with this legal system, I just send it off to collections and be done with it... Whether I get paid or not is still up in the air but at least I'm not out another ton of cash AND labor hours to boot.

Try olddebts.com

[Vikings]

You handled it great, very professional. If you would have took his deal then you would be his B**** every time you seen him as you mow his neighbors yard.

[Vikings]

[QUOTE=topsites;1976691]Nevermind the cost itself, but you have to go down there at least 3 separate times: Once to file the paperwork (read: bring enough cash to pay for the cost of court, YOU have to pay this upfront), a second time for the pre-trial hearing (just to set a date), and one more time for the main trial (which all defendants can postpone at least one time for free so maybe even FOUR times).
/QUOTE]

ROFL, that's a weird system. I haven't been to small claims too many times but here, just one hearing. The judge will suggest both parties go in a back room and sort things out to avoid court fees. Either way a half hour.

[topsites]

ROFL, that's a weird system. I haven't been to small claims too many times but here, just one hearing. The judge will suggest both parties go in a back room and sort things out to avoid court fees. Either way a half hour.

Hmmm, maybe it's the population factor, my county is about as populated as Dade.. Ok not quite, but the courthouse and the whole thing is a system and I mean it's just like dealing with cattle... I think there are 6 court rooms down stairs and another 6 upstairs, that's General District and Circuit, one each floor... We're talking a parking lot the size of a Wal-Mart that is filled to all but 5-10 maybe 15 spaces still empty, every single time I drive past that place is jam packed full of vehicles.

It's a business around here, I watched it for some time until it dawned on me that a streamlined process in General District could easily pull in 20 - 50 thousand dollars an hour (amazing, isn't it), but it's still just not something I want to get involved in... We're talking a line of people in the morning that could take 15-20 or 30 minutes just to get through the metal detector station.

Yeah it's that bad :laugh:

Now by all means, if 30 minutes is all it takes, that's probably as well as olddebts, bit more time (it's still 1-2 hours with driving to-from) but then it's also a local judgement vs. an out of state agency, I can see that balances out, roughly.

[MarcSmith]

Roger,

the nice thing about small claims civil, at least in FL, no lawyers allowed or needed. you still pay for court costs, which wil lbe added to the final bill, you still charge for your legal fees, which in this is your time to prepare and file the case. and while the case is awaiting trial your balance is earning interest by your late fees. so while yes its a 400 bill that got stiffed, add courst costs 130, late fees, 25 a month, bounces check 40, and your time to prepare 3 trips @ 60 bucks an hour....a 400 bill has grown to 800. And if you end up filig a lien, guess what now its an $1100 bill...

Tell ya what, don't pay your car payment for three months and see what happens....We can't reposess our labor but we can use the system.

You are correct, in that all you get a is a judgment, in most places, but by getting the judgment, you can then do other things like garnish wages, lien property, force a sheriffs sale, all of which will cost more money and add more to the bill, It can go on the guys credit reports as deliquint....

Point of the matter is not to be an asshle but to get your money. if we continue to roll over for the people who stiff us, then all we are doing is setting up the next landscaper, plumber, or other contractor to get screwed by this person.

[LawnMowerMan2003]

Roger,

the nice thing about small claims civil, at least in FL, no lawyers allowed or needed. you still pay for court costs, which wil lbe added to the final bill, you still charge for your legal fees, which in this is your time to prepare and file the case. and while the case is awaiting trial your balance is earning interest by your late fees. so while yes its a 400 bill that got stiffed, add courst costs 130, late fees, 25 a month, bounces check 40, and your time to prepare 3 trips @ 60 bucks an hour....a 400 bill has grown to 800. And if you end up filig a lien, guess what now its an $1100 bill...

Tell ya what, don't pay your car payment for three months and see what happens....We can't reposess our labor but we can use the system.

You are correct, in that all you get a is a judgment, in most places, but by getting the judgment, you can then do other things like garnish wages, lien property, force a sheriffs sale, all of which will cost more money and add more to the bill, It can go on the guys credit reports as deliquint....

Point of the matter is not to be an asshle but to get your money. if we continue to roll over for the people who stiff us, then all we are doing is setting up the next landscaper, plumber, or other contractor to get screwed by this person.

I agree; that's what I meant when I said principle, (excuse my spelling Roger).
If everybody just decides it's not worth taking him to court he will just assume he can screw over the next contractor so the principle is he should be held accountable. Sure he might not learn his lesson anyway, but he definitely won't learn it if nobody takes any action.

[Vikings]

Actually, by refusing his offer of payment, IF you go to court, the judge is highly likely to give you a public dressing down. Trust me after going to small claims court more than a few times, those judges would much rather the 2 parties come to some amicable agreement. They would rather NOT render a judgement, they prefer you to work it out. Not saying you would lose the case, but be prepared to look like a fool in front of 40-50 other people. The people way in the back row will snicker :laugh:

I hope it's on TV, Judge Judy or something. We could put on You Tube and taunt him for a long time.:laugh:

[lifetree]

I would have just said that I would see him in court and then hang up on him ... it's not worth the aggravation to give him the satisfaction of knowing that he's put you through hell in the collection effort you described !!

[topsites]

If everybody just decides it's not worth taking him to court he will just assume he can screw over the next contractor so the principle is he should be held accountable. Sure he might not learn his lesson anyway, but he definitely won't learn it if nobody takes any action.

Please don't take my negative court issues the wrong way, I never meant to say you don't chase, no, DO chase! You are correct, not only does it set up the next Lco but I firmly believe it keeps coming back your way! (yeah, good ole' word of mouth lol)

Case in point: My first two years right about 10% of my gross was never paid, long story short it was all these same song and dance crap. 10% is a LOT of money to me, we're talking 2g out of 20, 3 out of 30, as was said, THOUSANDS!

That's when I put my foot down, and I put it down hard and kept doing it.
At first I didn't know how to do it right but did it anyway, stopped right short of grabbing one or the other by the throat but I do believe I may have broken the law in one or the other instance, mostly because I didn't know how or what to do... Either way it worked, I wasted a lot of time chasing these fools but first I did get paid in more than a few instances, and the best part was my never-pays dropped to just under 1%!

Now that I can tolerate, 2-300 bucks a year never gets paid, maybe 4-500 fine.
In time I developed a system of collections, a lot nicer in execution, and labor effective as well.
This year that crap crept up towards 2% and again I took action, this time I already had a working system in place, so I tuned it and re-tuned it and kept working with it until I was certain it was TOUGH, and sure enough the crap stopped and I mean it stopped cold.

So it is true, if you don't chase they keep coming your way, and yes you're also not getting the message across so they just go skru over the next Lco then they act all surprised when they run into me, but right it still isn't and these folks need to be educated, the hard way if need be.

Peace

[LawnMowerMan2003]

Topsites:

What is your system for dealing with them?

[topsites]

Topsites:

What is your system for dealing with them?

I get very little in the way of argument, the worst part is that sinking feeling in my stomach when I already know what's coming, but much beyond that I follow the rules.

The basic explanation and the rest of it is in this thread (2b updated tonight):
http://www.lawnsite.com/showthread.php?t=201651

That Business Management section has a lot of good stuff in it, some is collections related (with and without court, both with good advice), and a lot of other stuff too (taxes, employees, advertising, really all that extra bs).

[cookedonphonics]

Haven't posted in awhile, but this thread caught my interest.
I've learned A LOT from this site over the years about seeing the "red flags" before i even start the work.

In the beginning I would've been in the same position as you... now... as soon as I would've received that contract back with things crossed out, I would've walked away before even starting the job. Even if he called me and gave in to what I wanted originally. It's just not worth the time. His initial actions tipped you off and you chose to ignore the warning signs.

I see them right away (or hear them if I'm talking to them on the phone) thanks in part to this site. If they try to squeeze me in any way I just tell them that unfortunately I'm too busy but thanks for considering me. Basically what that means is that I'm too busy with things that are important to ME (be it my business or otherwise), to get into nonsense like that.

Look for the signs my friend, you don't need the work that bad. There are other customers that will come along that accept what you need and are more than willing to take care of you if you take care of them.

Good Luck. :)

[HOOLIE]

Here in Virginia only 20% of all judgements are ever satisfied.



If they won't pay voluntarily here in VA, it takes some more time but you just garnish their wages or bank account. Actually for some reason all the people we took to court years ago, they never showed for the trial, but afterwards would send in the money. It was as if they realized we weren't f-ing around with them anymore. I don't know.

[LawnBrother]

I'm surprised nobody suggested filing a lien against the property.

[cgaengineer]

I'm surprised nobody suggested filing a lien against the property.

Actually thats exactly what I suggested, and it would have been the easiest thing for him to do.

[LawnBrother]

Sorry, I must have missed it. I think you're right, it seems easier than suing and hoping to collect.

[Supper Grassy]

Lein is easier, at this point i just think that he wants to wate the guys time

[Frontier-Lawn]

"...he then goes on saying that he new the account was closed..."

That is criminal fraud.

in the state of FL if he was to do this you could have him arrested with no notice of going to the State's Attorneys Office to file a suit against him.

[Frontier-Lawn]

ps it does not cost you a thing to do it.

[cgaengineer]

The nice thing about a lien is you need very little proof to get one filed, so if it was a word of mouth contract the fellow could still be held liable.

[Roger]

I could be wrong, but with a lien, you get paid when the property is sold. Before the sale, outstanding liens must be satisfied. However, this could be years, it could be decades, before this event would happen. If you know a property sale is imminent, then it makes sense, cut if not, the satisfaction of the lien could be a long time in the future.

Am I right about this?

[LawnMowerMan2003]

I could be wrong, but with a lien, you get paid when the property is sold. Before the sale, outstanding liens must be satisfied. However, this could be years, it could be decades, before this event would happen. If you know a property sale is imminent, then it makes sense, cut if not, the satisfaction of the lien could be a long time in the future.

Am I right about this?

Can you add interest? :laugh:

[MarcSmith]

Can you add interest? :laugh:

Yup in florida it was 18% but after 21 years the lien fell off

[topsites]

Haven't posted in awhile, but this thread caught my interest.
I've learned A LOT from this site over the years about seeing the "red flags" before i even start the work.

In the beginning I would've been in the same position as you... now... as soon as I would've received that contract back with things crossed out, I would've walked away before even starting the job. Even if he called me and gave in to what I wanted originally. It's just not worth the time. His initial actions tipped you off and you chose to ignore the warning signs.

Yeah, that's what I'm talking about when I say pre-screening, it all boils down to the same thing, the red flags.

It's not cherry picking because I got too much pride and a stick up my butt (maybe that too) but it's all about saving myself these hassles. Much like you I would've been through right about that same stage, I hate to run away from work but it sure saves a lot of aggravation, let them do it to someone else and hope they can't find anybody but at least it ain't you!

You might be surprised, once you start catching red flags, just how many customers out there are apparently more than willing to jerk us around, at least it never ceases to amaze me... But after time it becomes a routine, just so much in a day's work.

I could be wrong, but with a lien, you get paid when the property is sold. Before the sale, outstanding liens must be satisfied. However, this could be years, it could be decades, before this event would happen. If you know a property sale is imminent, then it makes sense, cut if not, the satisfaction of the lien could be a long time in the future.

Am I right about this?

Yes, and in Virginia a lien expires after six months and you can renew it but at a fee of like $5,000 (or maybe it's only $1000) at which time it becomes rather permanent (I think) but there are still no absolute guarantees, could be 20 years...

[milsaps118]

For me to lien the house it would have cost $300 for me to hire a liening company to prepare and file all the appropriate paper work. I would have done it myself but for a lien to be valid you have to file the right papers with the right people and send them to the right parties. I never issued a "PRE-LIEN NOTICE" before the contract was signed, and I was told that this is a very important step that needs to be taken before you can file a lien. If this whole process is done incorrectly the lien is worthless. For me to research and call around to figure out how to lien a property so it is a valid would have taken to much time. Not only that you have to renew the lien every year. Lien's are only good for 12mo then they expire. I could be renewing this lien for the next 20years and nothing happen. For what the guy owes me it's not worth it to pursue in this direction.

Quick, Easier, Simpler way to get paid. GO TO COURT. It cost me $65(court fee) + $10(filing fee) = $75 total. No attorney necessary. I added the fees in my claim and pass it on to the defendant to pay. Show up on the court date and tell the judge the story, judge sends both parties a ruling in the mail in about a week. If I win the defendant gets 2wks to appeal. If he doesn't appeal after the 2wk deadline I have to notify the court to issue a judgmet(payment). It is still up to me to collect the money. No big deal, I could even pay the sheriff's office to go collect the money for me for a $50 fee. They'll go to his house, work, etc.. and demand payment for the judgment. The judgment also gets reported on his credit report until he pays it. Even if he pays it, it can remain on his report for up to 10yrs. Judgments don't look so good to lenders when you try to get a loan. My court date is already set for November.

[KTO Enterprises]

Actually, by refusing his offer of payment, IF you go to court, the judge is highly likely to give you a public dressing down. Trust me after going to small claims court more than a few times, those judges would much rather the 2 parties come to some amicable agreement. They would rather NOT render a judgement, they prefer you to work it out. Not saying you would lose the case, but be prepared to look like a fool in front of 40-50 other people. The people way in the back row will snicker :laugh:

If a judge does that I would see that the bar association recieved a letter about his conduct. Any lawyer would recommend not taking payment for the full amount including late fees. This guy also broke the law throughout this ordeal. Check fraud, is guaranteed to land you in jail. My father sent a Magistrate Judge to jail on check fraud about 10 years ago.

[lawnman_scott]

If a judge does that I would see that the bar association recieved a letter about his conduct. Any lawyer would recommend not taking payment for the full amount including late fees. This guy also broke the law throughout this ordeal. Check fraud, is guaranteed to land you in jail. My father sent a Magistrate Judge to jail on check fraud about 10 years ago.The bar association doesnt oversee Judges, they oversee lawyers so your brilliant letter would be tossed, and any lawyer would recommend taking the money. Who cares of a law was broken or not, you and your lawyer should be concerned with your money, not to mention the fact that civil court doesnt handel criminal matters.

[KTO Enterprises]

The bar association doesnt oversee Judges, they oversee lawyers so your brilliant letter would be tossed, and any lawyer would recommend taking the money. Who cares of a law was broken or not, you and your lawyer should be concerned with your money, not to mention the fact that civil court doesnt handel criminal matters.

For 1 the bar association does oversee judges. See a judge has to take something in college called ethincs. To be a judge you have to have a law degree and have passed the bar. If the bar association pulls a judges certificate to practice law he gets kicked off the bench. Thats info straight from a judge.

2 you put someone in jail they are very inclined at that point to pay you.

[lawnman_scott]

For 1 the bar association does oversee judges. See a judge has to take something in college called ethincs. To be a judge you have to have a law degree and have passed the bar. If the bar association pulls a judges certificate to practice law he gets kicked off the bench. Thats info straight from a judge.

2 you put someone in jail they are very inclined at that point to pay you.http://www.clarionledger.com/apps/pbcs.dll/article?AID=/20070925/NEWS/70925041

Tell the judge you talked with to go back to school

And one more thing, people in jail tend to not have jobs (the locked up thing makes it hard), so getting your money could be tough.


State by state little man, thats how the laws go.
http://www.floridasupremecourt.org/pub_info/jqc.shtml

[KTO Enterprises]

We dont use that system here. Ive never even heard of a justice judge. I would have never thought any state would allow someone to sit on the bench that wasnt a law degree recipient

[fergman]

I got a referral back in June. This guy calls me from Cincinnati, OH (I'm in MN) says he owns the house that is for sale on the same block I cut 3 others. The ppl that I cut across the street recommended me to him. He asks me how much to M,T,B and to fert. I give him a price he's fine with the mowing but bitches about the price to fert. I don't budge so he says ok do it. I send him the contract, he signs it and sends it back but on the back where I list all the legal stuff he crosses out my early cancellation clause. I call him and ask him what's up with that? He says they plan on moving back later towards the end of summer and that he was going to do it himself. So I say fine I'll exempt him from that only on that condition. Yard was in very poor condition when we start. Sprinklers haven't even been turned on, broadleaf every where, never even been cut from Apr thru 2nd wk of June and it was only 5"-6" long. First day we cut and spray, the other neighbor (not one of our cust) comes out and thanks me spraying the weeds (fyi-this is rich neighborhood 750-1M houses) said he's so glad we're doing something over their. Week later homeowner gets someone to go over there and turn on the irrigation, back-flow has a crack in it. He calls me to see if I can fix it. We fix it, I send him a bill....big surprise he bitches about it, I charged him $180.00and tell him that's a very fair price especially for emergency service. He pays. Last bill I send him back in July was for 3 cuts, 1 weed/feed, bill was $225...big surprise he calls and bitches about that, ends up canceling us. I don't budge, tell him to pay the bill or I'll start adding late fees. He say's he'll pay it. I get a check from him 3 weeks later, I deposit the check a week later, 3 days after that the check comes back "CLOSED ACCOUNT". I call him and let him know what's up, he then goes on saying that he new the account was closed and that he doesn't feel that he should have to pay the bill. We go back and forth, finally he says fine I'll send a new check out(this was back in late AUG). A week goes by..nothing. I send him a new bill with back dated late fees. I attach a note that says if we didn't receive payment by Sept. 19th we would start legally on the 20th. 19th rolls around ...nothing, I call him to see if he sent it, he says, "yes, I do bill pay thru the bank so you should see it soon." Well... yesterday he calls and starts crying about all the late fees ($40 total) and refuses to pay them, he agreed to the past due bal and the NSF charge but not to the late fees. We go back and forth then he says, "You don't want to mess with me, I'll MAKE YOUR LIFE HELL, you don't want that!". So now he claims he's going to send pmt less late fees, I told him don't send anything at all, I don't want it now, I'll let a judge decide. I told him if he sends the check I'll send it right back(at this point this ******* has me so steamed but I didn't let him see it)and not only that I told him I was going to sue for the maximum small claim suite $7500. he starts calming down and tries to back peddle his way out, saying, "I'm sorry, I'm frustrated, blah blah..." I tell him see ya in court, I have nothing but time, but for you and your wife (the check had her name on it so she going on the claim form to) you'll both have to take the day off to see me and a judge. He was so PO'd he didn't say anything for about 3 second, all I could hear was him making whimpering noises like a little pouty kid so I hung up on him. :waving:

Sorry for the loooog thread:drinkup: but had to let off some steam.

find the house he lives in.= tons of soil sterilizer except in all the weefeating areas:drinkup: if i really wanted to to it, i would and wouldnt really care what happened to me,just as long as he got his end of the deal:walking:

[HOOLIE]

If a judge does that I would see that the bar association recieved a letter about his conduct. Any lawyer would recommend not taking payment for the full amount including late fees. This guy also broke the law throughout this ordeal. Check fraud, is guaranteed to land you in jail. My father sent a Magistrate Judge to jail on check fraud about 10 years ago.

Check fraud aside, if someone owes you money, and you refuse it, then go to court, the judge will look at you like you are a dumbarse. Because the defendent has already admitted owing the money and offered to make a payment. A lot of people go to small claims thinking the judge is going to wave some magic wand and transfer funds into their account.

[KTO Enterprises]

Check fraud aside, if someone owes you money, and you refuse it, then go to court, the judge will look at you like you are a dumbarse. Because the defendent has already admitted owing the money and offered to make a payment. A lot of people go to small claims thinking the judge is going to wave some magic wand and transfer funds into their account.

The problem is if you accept their payment and it is not for the full amount, you are agreeing that what they are paying is satisfactory. I will not accept payment unless it us the full amount.

[HOOLIE]

The problem is if you accept their payment and it is not for the full amount, you are agreeing that what they are paying is satisfactory. I will not accept payment unless it us the full amount.

I think only if they wrote "paid in full" or something to that effect on the check...people pay things in installments all the time.

[verant]

good for you man, im from alexandria, nice to see someone from MN

[Team-Green L&L]

In our industry collecting can be quite simple if you haven't waited too long. File a mechanic's lien on the property serviced at your city/county Recorder's Office or at City Hall (whoever handles property liens in your area). You have a time limit to file (in our area it is 75 days from the last day you were on the property working).

This is the common practice in the contracting industry and it works. You can place a mechanic's lien for failure to pay for materials, service, or any other service that enhances the value of a property.

[KTO Enterprises]

Hoolie. if you think it is a good idea to take money for part of the bill without complete payment and an agreement on final payment you have things mixed up. Once you cash their check without an agreement showing they acknowledge that they still owe you money you have agreed that their payment is sufficient.

I will tell you an example.

My dad had a customer (that is now sitting in jail because of this) have a bill for a little over 1,300 dollars. He lives in Georgia and we live in SC. He gets home with the car and puts a stop payment on the check. Calls dad and says he is sending a check for a grand "because thats all that repair was worth". Well dad told him no. that the bill is 1,300 and some change and pay the whole bill or go to jail. He then told dad to go **** himslef and all he was going to pay was a grand. Dad called a judge and a laywer, both told him that when he recieves the check for 1,000 to send it back with a letter certified return receipt that he has a week from reciept of the letter to pay the full amount plus bank charges plus dads returned check fee, or he will be prosecuted for check fraud. After the week goes by send him another letter that payment will not be accepted beyond this point and a warrant will be issued. Well once the letter reached him that payment would not be accepted and warrant would be issued he called dad and told him once again to go **** himself and he couldnt do **** to him since he was in georgia.

Well Georgia hooked him up on monday, took a couple days to extradite him to sc and he is now sitting in the Beaufort County Detention center. He can not get out of jail now until the bill is paid, plus legal costs, plus check fees, plus bank fees.

Sometimes its the satisfaction of showing someone that you can lock them up and it end up on their record that the bill being paid is just a bonus.

Its a guaranteed conviction of check fraud on his permanant record. Thats a felony. Think JCB equipment will still keep him as an employee?

[HOOLIE]

Hoolie. if you think it is a good idea to take money for part of the bill without complete payment and an agreement on final payment you have things mixed up. Once you cash their check without an agreement showing they acknowledge that they still owe you money you have agreed that their payment is sufficient.

I will tell you an example.

My dad had a customer (that is now sitting in jail because of this) have a bill for a little over 1,300 dollars. He lives in Georgia and we live in SC. He gets home with the car and puts a stop payment on the check. Calls dad and says he is sending a check for a grand "because thats all that repair was worth". Well dad told him no. that the bill is 1,300 and some change and pay the whole bill or go to jail. He then told dad to go **** himslef and all he was going to pay was a grand. Dad called a judge and a laywer, both told him that when he recieves the check for 1,000 to send it back with a letter certified return receipt that he has a week from reciept of the letter to pay the full amount plus bank charges plus dads returned check fee, or he will be prosecuted for check fraud. After the week goes by send him another letter that payment will not be accepted beyond this point and a warrant will be issued. Well once the letter reached him that payment would not be accepted and warrant would be issued he called dad and told him once again to go **** himself and he couldnt do **** to him since he was in georgia.

Well Georgia hooked him up on monday, took a couple days to extradite him to sc and he is now sitting in the Beaufort County Detention center. He can not get out of jail now until the bill is paid, plus legal costs, plus check fees, plus bank fees.

Sometimes its the satisfaction of showing someone that you can lock them up and it end up on their record that the bill being paid is just a bonus.

Its a guaranteed conviction of check fraud on his permanant record. Thats a felony. Think JCB equipment will still keep him as an employee?

I find it hard to believe your dad would do $1300 worth of work without anything in writing...now if there was something in writing, that right there would be proof of what was owed. Really that's what most of the small claims cases revolve around that I've seen...a contractor does 2 grand in work, the customer feels something was not done right and shorts the contractor $300. Then the contractor sues for the $300. And the judge always awards a judgement for the contractor. I've never ever heard a judge say anything about partial payments being final payments.

[KTO Enterprises]

Everything is in writing. Its SC law to have customers signature before work is started.

[lawnman_scott]

Well Georgia hooked him up on monday, took a couple days to extradite him to sc and he is now sitting in the Beaufort County Detention center. He can not get out of jail now until the bill is paid, plus legal costs, plus check fees, plus bank fees.

Sometimes its the satisfaction of showing someone that you can lock them up and it end up on their record that the bill being paid is just a bonus.

Its a guaranteed conviction of check fraud on his permanant record. Thats a felony. Think JCB equipment will still keep him as an employee?Is he in debters prison? I thought they got rid of them. I was pretty sure in all 50 states that once you serve the time for the check fraud you can go, did your time, but maybe SC is a bit different.

[KTO Enterprises]

Is he in debters prison? I thought they got rid of them. I was pretty sure in all 50 states that once you serve the time for the check fraud you can go, did your time, but maybe SC is a bit different.

Once he pays the check he is clear to go. The fraud charge follows him forever.

Like i said. Think once his employer JCB hears what he did that they will keep him around? Its almost worth the trouble of not getting paid to know he had to ride an hour in the cop car from GA to SC. and sit in jail there and here.

[HOOLIE]

Is he in debters prison? I thought they got rid of them. I was pretty sure in all 50 states that once you serve the time for the check fraud you can go, did your time, but maybe SC is a bit different.

That whole story sounds very "Dukes of Hazzard-esque" :laugh: I just recently had someone steal a business check and pass a forged check for 2 grand at a Staples...took me 5 phone calls to find the right police department to handle it...and another week to even get a detective to call me back. Maybe I should move farther south, where justice and extradition are swift?

[KTO Enterprises]

Maybe I should move farther south, where justice and extradition are swift?

Oh one thing it wasnt was swift. It took a month and a half to get the police office here to send the warrant over. Then about another month of calls to the sherrifs office there to get the warrant acted on. What do you expect of the police system these days.

[HOOLIE]

Oh one thing it wasnt was swift. It took a month and a half to get the police office here to send the warrant over. Then about another month of calls to the sherrifs office there to get the warrant acted on. What do you expect of the police system these days.

Yeah my stolen check was cashed in Fairfax Co. which has a population of around 1 million...and maybe a handful of officers on the 'Financial Crimes Division' I guess I should feel fortunate they even called back? So we'll see what transpires...I already got the money back, but would like to see the FOOL nailed to the wall for this. If for no other reason than being dumb enough to sign a name and supply a drivers license # on the check. If it's actually the thief's real info, I will keel over laughing :laugh:

[lawnandplow42]

good job getting that far but once he got all upset at the and he said he was sending the full amount i would i have taken that and been done with him

same here..

[tamadrummer]

That whole story sounds very "Dukes of Hazzard-esque" :laugh: I just recently had someone steal a business check and pass a forged check for 2 grand at a Staples...took me 5 phone calls to find the right police department to handle it...and another week to even get a detective to call me back. Maybe I should move farther south, where justice and extradition are swift?

Well don't move too far south, it gets real slow again once you get south of Beaufort....

Here you would be lucky to find a detective willing to take the case let alone put someone in jail...

Oh well its good reading. ;)

[PDuffy]

You are my hero! I would not have taken the job to begin with. If there is nobody (physically..owner) living on the property, I no worky. For this very reason. Payment becomes a huge issue with very little recourse other than court...just not worth it to me. But like I said, you are still my hero...sick em fang!

[topsites]

Check fraud aside, if someone owes you money, and you refuse it, then go to court, the judge will look at you like you are a dumbarse. Because the defendent has already admitted owing the money and offered to make a payment. A lot of people go to small claims thinking the judge is going to wave some magic wand and transfer funds into their account.

No sir that is NOT true, here if you accept ANY money you have just extended credit, and I'm sure you forgot to include this in the contract hence this loan is on no terms, if they hand you a friggin' dollar and you take it, now they can take however long they feel like, maybe not quite but dang close (read: forever, or never).

Demand payment in full, anything else sets you up for the never-ending payment plan, you might see 5 bucks every 30 days or some such crap.

Then again there's always the good ole' southern style asz whoopin'
Now that is swift.

[HOOLIE]

No sir that is NOT true, here if you accept ANY money you have just extended credit, and I'm sure you forgot to include this in the contract hence this loan is on no terms, if they hand you a friggin' dollar and you take it, now they can take however long they feel like, maybe not quite but dang close (read: forever, or never).

Demand payment in full, anything else sets you up for the never-ending payment plan, you might see 5 bucks every 30 days or some such crap.

Then again there's always the good ole' southern style asz whoopin'
Now that is swift.

Now unlike MOST people on LS who have never actually been to small claims court, and just speculate and hypothesize over how it works, I myself have actually been in small claims court on numerous occasions...I'm just telling you what I have seen firsthand, sorry if you don't believe it.

[Isobel]

i know this is all said and done, but I've had clients who cross out the late payment fee section on the contracts. I've always just explain to them right off that the terms are not negotiable. and further say that if they pay me on time, then there will be no problem.

These days I never leave a contract for the client to sign on their own time. They always get a copy of the contract, but they see and sign it in my presence.

[MarcSmith]

hoolie...good luck with the financial crimes division in Fairfax CO....when my identity was stolen to the tune of 8 grand, they could have cared less....They tried to pawn it off on another police department.

[HOOLIE]

hoolie...good luck with the financial crimes division in Fairfax CO....when my identity was stolen to the tune of 8 grand, they could have cared less....They tried to pawn it off on another police department.

Thanks Marc...sounds like they are understaffed there. My bank reimbursed me for the stolen check amount (nearly 2 grand) and the $490 in NSF fees that resulted from this. So I still have to file a report (they don't make it easy) and hopefully the crook was dumb enough to sign their real name and put their real drivers license number on the check :laugh:

So whatever happened with your case??? Did it get resolved?

[MarcSmith]

gto resolved and I got the forged credit cards closed and all. but its still a PITA. I have no idea if they ever got the guy either. He was local to the DC area....but yeah understaffed.....

[HOOLIE]

gto resolved and I got the forged credit cards closed and all. but its still a PITA. I have no idea if they ever got the guy either. He was local to the DC area....but yeah understaffed.....

Mine was stolen by a "M. Carter" if that rings a bell?? Even wrote 'computer' in the memo on the check :laugh: Now Staples has some collection agency after me, wanting me to prove the check was stolen. Here's a clue...somebody got a computer and the check was no good...

[MarcSmith]

Mine was stolen by a "M. Carter" if that rings a bell?? Even wrote 'computer' in the memo on the check :laugh: Now Staples has some collection agency after me, wanting me to prove the check was stolen. Here's a clue...somebody got a computer and the check was no good...

Show em the police report adn that will make em go away....

I did not find out until the credit card company called me. They were real good about it. but the Boneheads at verizon gave the guy credit twice for home phone service...

The guy used my name and social but a different address to get it done....

[HOOLIE]

Show em the police report adn that will make em go away....

I did not find out until the credit card company called me. They were real good about it. but the Boneheads at verizon gave the guy credit twice for home phone service...

The guy used my name and social but a different address to get it done....

I have always maintained, if someone steals your identity, they should get the whole deal...wife, kids, etc. I know if someone stole my ID, they would be calling in about a week "Uh...can you come pick up these two kids...and your wife is a nag..." :laugh:

[Gatewayuser]

so what happened in the end????

[LawnGuy73]

When is the court date?

[Trader Rick]

What are your regular billing terms - ie net 30, due upon recietp etc.... When do you start the 15.00 per day? and how do you turn them over to the credit agency? I have a problem just like this happening right now. Jack Ass ows me a lousy 200.00 and wont pay wont answer the door, all cars home I know they are too. I sent them the canned letters gave them till the first of Feb or going to collection agency. Monday the call is being made. I have only had this happen 2 other times and I swore if it ever happened again I pitty the fool who stole my wages.:nono: I paid the crews for the mowings and paid for the gas a long time ago - work done last June / July.

[Pro-Scapes]

if he was so set on paying in full minus late fees I would of given him 24 hours to overnight me a postal money order or pay pal me the balance in full.

When we had some out of state accts we felt were sketchy it was pre pay or credit card on file.

Before I wasted time in court or filing all that garbage I would call him in a very calm and collected manner explaining him my intentions of filing and ask him if he would like to settle this matter now and in full with a secure online payment or issue of a money order by registered mail/fed ex with tracking information

[grass_cuttin_fool]

I got a referral back in June. This guy calls me from Cincinnati, OH (I'm in MN) says he owns the house that is for sale on the same block I cut 3 others. The ppl that I cut across the street recommended me to him. He asks me how much to M,T,B and to fert. I give him a price he's fine with the mowing but bitches about the price to fert. I don't budge so he says ok do it. I send him the contract, he signs it and sends it back but on the back where I list all the legal stuff he crosses out my early cancellation clause. I call him and ask him what's up with that? He says they plan on moving back later towards the end of summer and that he was going to do it himself. So I say fine I'll exempt him from that only on that condition. Yard was in very poor condition when we start. Sprinklers haven't even been turned on, broadleaf every where, never even been cut from Apr thru 2nd wk of June and it was only 5"-6" long. First day we cut and spray, the other neighbor (not one of our cust) comes out and thanks me spraying the weeds (fyi-this is rich neighborhood 750-1M houses) said he's so glad we're doing something over their. Week later homeowner gets someone to go over there and turn on the irrigation, back-flow has a crack in it. He calls me to see if I can fix it. We fix it, I send him a bill....big surprise he bitches about it, I charged him $180.00and tell him that's a very fair price especially for emergency service. He pays. Last bill I send him back in July was for 3 cuts, 1 weed/feed, bill was $225...big surprise he calls and bitches about that, ends up canceling us. I don't budge, tell him to pay the bill or I'll start adding late fees. He say's he'll pay it. I get a check from him 3 weeks later, I deposit the check a week later, 3 days after that the check comes back "CLOSED ACCOUNT". I call him and let him know what's up, he then goes on saying that he new the account was closed and that he doesn't feel that he should have to pay the bill. We go back and forth, finally he says fine I'll send a new check out(this was back in late AUG). A week goes by..nothing. I send him a new bill with back dated late fees. I attach a note that says if we didn't receive payment by Sept. 19th we would start legally on the 20th. 19th rolls around ...nothing, I call him to see if he sent it, he says, "yes, I do bill pay thru the bank so you should see it soon." Well... yesterday he calls and starts crying about all the late fees ($40 total) and refuses to pay them, he agreed to the past due bal and the NSF charge but not to the late fees. We go back and forth then he says, "You don't want to mess with me, I'll MAKE YOUR LIFE HELL, you don't want that!". So now he claims he's going to send pmt less late fees, I told him don't send anything at all, I don't want it now, I'll let a judge decide. I told him if he sends the check I'll send it right back(at this point this ******* has me so steamed but I didn't let him see it)and not only that I told him I was going to sue for the maximum small claim suite $7500. he starts calming down and tries to back peddle his way out, saying, "I'm sorry, I'm frustrated, blah blah..." I tell him see ya in court, I have nothing but time, but for you and your wife (the check had her name on it so she going on the claim form to) you'll both have to take the day off to see me and a judge. He was so PO'd he didn't say anything for about 3 second, all I could hear was him making whimpering noises like a little pouty kid so I hung up on him. :waving:

Sorry for the loooog thread:drinkup: but had to let off some steam.


I didnt read all 4 pages just the 1st and last. I see in the paper here each week ....profane and threatening language on a telephone .....think I would file charges on him for that too and cost him another trip to Mn...BTE Im witht he rest....what was the out come of this

wayne

[All Season Bill]

I had a customer one time sware that I did not fertilize his back yard...and he had a large back yard too. I assured him that I did but could not convince him.
First he said there was a padlock on the gate: My answer - His wife gave us the combination and it's in his file.
Second, he claimed his big bull dog would have attacked me: My answer - I have a special relationship with dogs. I always give the dog some treats and command him to stay on the deck and then I closed the deck door so he wouldn't get on the herbicide.
Thirdly he said that he couldn't find any fert in the grass: My answer - I'ts rained for two days and you'll be hard pressed to find any now.
All that didn't matter, he still blatantly called me a liar and refused to pay. I could have taken this to court but why go through all that headache for about $100. I just raised my hands in the air and said, "Sir, we don't want customers like you" and I walked off the lawn. I could have raised hell in the man's front yard but didn't think that would be too professional. A nice clean end to an argument that could have gotten bad.