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View Full Version : HOw do I collect???


GREEN-UP
04-21-2008, 07:13 AM
Well, I new it would happen just not this early. I do several apartments for a small time grass cutter who is also a friend. He did sign contracts for 5 treatments for each complex. I finished the first round and invoiced him over a month ago. He wont answer any calls, owes me 1,000+ and the 2nd round is week late. Tells me he has to wait for money to come in. I am not doing anything until I get $$. How would you all handle this own??

John Gamba
04-21-2008, 08:21 AM
Well, I new it would happen just not this early. I do several apartments for a small time grass cutter who is also a friend. He did sign contracts for 5 treatments for each complex. I finished the first round and invoiced him over a month ago. He wont answer any calls, owes me 1,000+ and the 2nd round is week late. Tells me he has to wait for money to come in. I am not doing anything until I get $$. How would you all handle this own??



You might be obligated to do what the contract states(your side). Take them to court for the full amount if they dont pay anything.

mjlcare
04-21-2008, 09:38 AM
if you have a contract and both parties signed it , keep with the contract and you will be fine, if you dont do your end then he could pos win and say taht you didnt keep you end of the promise so to speak, just keep u pthe work and bill his ass for a large sum at the end. gonna suck for him but you shouldnt have anything to worry about, if nothing else you go to your lawyer and he sends him a letter that will take care of it lol

garydale
04-21-2008, 10:25 AM
Check the contract first. If it address payment etc. follow the contract.
That said, don't start R-2 until paid.
Go to the apartment management if necessary. Ask them to require a lien release from the contractor to show he paid his subs.
You are/will lose the "friend"

humble1
04-21-2008, 10:34 PM
You might be obligated to do what the contract states(your side). Take them to court for the full amount if they dont pay anything.

But once he (the landscaper) doesnt live up yo his end. LCO has no obligation to proceed with more treatments once the landscaper is in default.

Hissing Cobra
04-21-2008, 11:30 PM
But once he (the landscaper) doesnt live up yo his end. LCO has no obligation to proceed with more treatments once the landscaper is in default.

I agree with this statement.

Does the contract stipulate that you must be paid within a certain amount of time after each application? If so and the landscaper has not upheld his end of the contract, he's clearly in violation of the written agreement. I would send a certified letter to him explaining this and that you're not moving on to step 2 until step 1 is paid for. I would also state that if the payment is not received within 30 days, there will be court action taken. Unfortunately, you're probably going to lose a friend.

John Gamba
04-22-2008, 07:20 AM
But once he (the landscaper) doesnt live up yo his end. LCO has no obligation to proceed with more treatments once the landscaper is in default.


Does it say this? Why go to court for 100 bucks when you can for a Grand.

John Gamba
04-22-2008, 07:22 AM
But once he (the landscaper) doesnt live up yo his end. LCO has no obligation to proceed with more treatments once the landscaper is in default.


Are we talking about not being payed??

turf hokie
04-22-2008, 07:31 AM
TRUST ME!!!!!!!!!

Don't do more applications, you think it is hard to get 1,000 keep doing apps and try to get 4,000 at the end of the season.

The only thing you are going to do is cost yourself money by doing more apps.

I did the nice guy thing and kept doing apps for some guys, still waiting for my money. But now it is much more than it could have been.

GREEN-UP
04-22-2008, 07:46 AM
Thanks for the advice. The funny thing is i gave this guy a written service agreement stating everything, late fees time period. i think he just figured since we are friends he can pay when he feels like it. He says "waiting for people to still pay me" thats BS. I am done till he pays, feel sorry for his properties that are looking bad.

John Gamba
04-22-2008, 07:46 AM
TRUST ME!!!!!!!!!

Don't do more applications, you think it is hard to get 1,000 keep doing apps and try to get 4,000 at the end of the season.

The only thing you are going to do is cost yourself money by doing more apps.

I did the nice guy thing and kept doing apps for some guys, still waiting for my money. But now it is much more than it could have been.


How are you trying to collect?

John Gamba
04-22-2008, 08:42 AM
Thanks for the advice. The funny thing is i gave this guy a written service agreement stating everything, late fees time period. i think he just figured since we are friends he can pay when he feels like it. He says "waiting for people to still pay me" thats BS. I am done till he pays, feel sorry for his properties that are looking bad.


Good luck Bud. I do hope you get the cash.

tyaroch
04-22-2008, 01:32 PM
Send a big guy wearing a suit to his house and have him say he represents your company and he needs a check today. I have been hired for this and it works. Just be polite and curteous.

turf hokie
04-23-2008, 06:51 AM
How are you trying to collect?

Depends on the customer and the amount

Nice reminder letters, formal collection letters, phone calls, door knocking, collections company and civil court.

Just won a claim in court but that does not guarantee payment. Just a judgement that says someday I will get paid. If he does not pay in 30 days from judgement then his house and property will be liened.

John Gamba
04-23-2008, 07:15 AM
Just won a claim in court but that does not guarantee payment. Just a judgement that says someday I will get paid. If he does not pay in 30 days from judgement then his house and property will be liened.




So in four years when they sell there home would you like to get 200 bucks or 2,000 bucks?

turf hokie
04-23-2008, 08:24 PM
So in four years when they sell there home would you like to get 200 bucks or 2,000 bucks?

????? What difference does it make if it is 200 or 2000?????

What if they guy never sells?? Do I continue to accrue interest?? I dont expect to get the money in this particular situation.

Lawn-Sharks
04-23-2008, 10:05 PM
Most of my commerical account are 45 days out before i see any payment

humble1
04-23-2008, 11:15 PM
Does it say this? Why go to court for 100 bucks when you can for a Grand.

My point was to lower your exposure to further loss and be able to get out of the contract.

Your point of going to court for 100 or 1000 you are exposing yourself to a higher degree of loss. Just cause you win in court doesnt mean you will get the money.

John Gamba
04-24-2008, 06:22 AM
My point was to lower your exposure to further loss and be able to get out of the contract.

Your point of going to court for 100 or 1000 you are exposing yourself to a higher degree of loss. Just cause you win in court doesnt mean you will get the money.


You get it when they sell:) I would rather get 1,000 bucks 10 years from now then 100 bucks.

WildLake
04-24-2008, 06:06 PM
I would stay calm. Many grass guys have 60 days of labor and overhead expenses at the start of the season, before they collect a dime from customers. He's pobably just jammed up right now. Give him a few weeks and he will probably be fine for the rest of the season.

TforTexas
04-24-2008, 06:16 PM
Just tell him your "waiting for chemicals to come in" before you can do the next treatment.

mngrassguy
04-24-2008, 06:21 PM
I do owe-4-2's for trusted customers only. If you let it go on a first time customer, expect it everytime!!!

tlg
04-29-2008, 12:45 AM
I've been through this kind of thing before. The bottom line here is that your landscape buddy is your customer and HE owes you the money. Waiting for him to get paid by the third party here is a bunch of bull. You have know idea when he gets paid or if he ever gets paid and that is the problem. He can keep you in limbo for ever and ever. For all you know he was paid and he's using your money for his operation. If your contract with him denotes a payment schedule by all means use that option against him. For your own well being don't extend any more credit to this so called friend. We do a lot of work for other contractors. Payment responsibility lies with them and them alone regardless of whether or not they get paid for the service we preform for them. Treat this guy like you would any other customer.

humble1
05-01-2008, 12:32 AM
So in four years when they sell there home would you like to get 200 bucks or 2,000 bucks?

if you lein a house they can sell the house put the money owed you in an escrow account they still sell their house less the money owed you. Now the escrow account doesnt get payed out untill both parties come to an agreement. If you leined me, i would sell the house and you still would never see that money.

John Gamba
05-01-2008, 08:05 AM
if you lein a house they can sell the house put the money owed you in an escrow account they still sell their house less the money owed you. Now the escrow account doesnt get payed out untill both parties come to an agreement. If you leined me, i would sell the house and you still would never see that money.




Not always. But they dont have the cash in there pockets aether. it will come down to a settlement.