PDA

View Full Version : Mechanic'c Lein or Headin to court!!


mower_babe
06-30-2003, 11:12 PM
Hi, I really respect all of your opinions and I need some input here. And I already expect to get hammered b/c I didn't have a contract...but I need to know where to go from here.

OK-I have mowed for this lady several times-she was going through a seperation (one of many) and He had the lawn mower at his girlfriends house. Well, we mowed it and she is satisfied and decides to be a long term customer. Several weeks pass, no probs. Two weeks ago, I get home after we mowed her property and there are two messages on the machine. The first was at 2pm and it was her saying that she did not want us to mow anymore-that she got her lawn mower back..The second message at 4pm - was her bitc*ing me out that she is looking out her window and we are mowing her lawn. We are very scheduled and she always knew about what time we would be there (almost to the minute) If I had gotten the message prior to mowing - I wouldn't have, of course.

So, that night I go out there with the last months bill and the current mowings on there and hand it to her and tell her that I am sorry about the misunderstanding and I can tell right there that I am not gonna get my money without a fight. She got back with her husband and at that time, they were unloading their mower from his truck. I thank her for her business and leave. Basically, they got back together for the umpteenth time and I am gonna get stuck .

So, I send her a certified letter last week telling her that since she has elected not to pay me, I have elected to take legal action by this Wednesday 5pm, if no payment was received- and yes, the bills explain all this on them. I have taken a person to small claims before for like...$600 or so, but the guy admitted that he owed me and there was no discussion. With this woman...I do not know if I can put a "mechanics lein" on it or if I would be better off risking it in court. I saved the messages, but I am not sure if they will benefit me or just prove that she cancelled service, even if it was too late.

Whew..sorry so long...anyway, have you guys dealt with this and what should i do?

Thanks guys:(

Turf Medic
06-30-2003, 11:20 PM
Small claims court. There is an article in this months PRO magazine, read through it rather quickly but I believe it mentioned that it is hard to put a mechanics lien on a person's property for maintenance type of services. Apparently according to the article for work to qualify for a mechanics lien you have to do something that improves the value of the property IE landscaping, retaining wall, fence, etc. Evidently mowing, trimming and the such just don't qualify.

polecat63
06-30-2003, 11:22 PM
Well, i'm not sure what your states laws are but Virginia has a "gentleman's agreement" law. Meaning a handshake is as good as a contract. A little tough to prove, but it is actually quite helpful. It works like this...If someone orders a service they have to pay for said service. If they ordered a service with the intent not to pay they are now guilty of a misdemeanor and in Va they will do jail time until the outstanding debt is paid. Also, in Va lawn maintenance and landscaping fall under the scope of home improvement so you can put a mechanics lien on property here. That only really works if they intend to sell the property anytime soon. You may not be able to collect for the last mowing, but she owes for the prior services. Take her to court and get paid. IO find that most of my dead beats pay when they get the court notice.

tiedeman
06-30-2003, 11:40 PM
I would first have your lawer type of up something and send it to her...if still no response then I would take them

mower_babe
06-30-2003, 11:46 PM
I had thought about that, b/c we are pretty tight with our lawyer. Currently working on projects for him and mowing his lawn. Hate to bring him in - Maybe he would - It is just hard to weigh the numbers...Lawyer at $150.00/hr. Court at $78.00, which if I win - then it is covered. Mechanics lein, if possible, $34.00 and lawyer fees to prepare. Maybe, i will get lucky and they will pay by Wednesday...doubt it.

Ya know, it is hard, b/c this is such a small town and she is a teacher and you wonder what the consequences of pursuit will be for my children when they are older...you think about those things...not to mention my reputation...never want to come off as a bitc#. I guess I would rather be a paid bitc#!

Gr grass n Hi tides
07-01-2003, 12:08 AM
How much is she into you for? Like you said, weigh the payoff vs. the time and money you have to put into it. Proceedings can be time consuming even if you have an attorney handle it for you. You could be spending time in the field earning money.

In NC small claims court is just like district or superior court in that you file a simple "complaint" more or less alleging what you want to allege in order to make your case. At the office, we sometimes send a "last chance letter" to insurance carriers stating "enclosed please find a draft copy of the complaint we are prepared to file in connection with the above referenced matter, together with a copy of my client's medical records and bills........this is a situation of clear liability in which your insured _______ (fill in the blank for what they did wrong)......I feel that we can resolve this matter amicably and avoid protracted litigation......please contact me after you have reviewed this material so we can discuss this matter further.......I look forward to your response.......if I have not heard from you by ______ (fill in the date) I will assume you are not interested in resolving this matter and be left with no alternative but to file suit."

That will build a fire under there.

You could probably do this on your own and avoid paying an attorney. If you walked into your local magistrate's office they would probably give you a go-by complaint (or whatever a pleading is called in your area).

If you let this matter go (assuming not a whole lot of money is involved) after, say for argument sake the "last chance letter" reaps no reward, then at least you can put the matter behind you. Sometimes there's a lot to be said for that. I wouldn't worry about your rep. She is not going to run around bragging about stiffing you if you let the matter die. On the other hand, if you battle her in court she will have a conversation piece at tea time no matter the outcome.

Live by the sword, die by the sword.

mtdman
07-01-2003, 12:18 AM
Show up at her house and ask her why she hasn't paid. Tell her you will taker her to court if you don't get the check right then and there. Show her any court papers you might have.

I had a woman who owed me over $250. She claimed her boss at work was bouncing her paychecks. Can she have a little time to pay? I gave her 2 weeks, and stopped mowing her until I got the money. On the 2nd week I showed up to mow a neighbor and she had roofers putting a new roof on. I immediately knocked. She had a livingroom full of friends, and I very loudly announced how much she owed and that she would be taken to court if she didn't pay then and there. She got very red and ushered me out to her porch where she proceeded to write me a check, complaining the whole time about her boss bouncing checks, etc. I pointed out she had money to get a roof, and that I hadn't been paid in 2 months. She got really mad and said "THen why don't you just stop mowing me?!" I said "I did, 2 weeks ago" and pointed to her very long grass.

After I got the check, I went around to the roofers and informed him that he needed to get paid if he already hadn't because she was a deadbeat. I then went and mowed the neighbor, and watched as the roofer packed up his stuff and left. I took satisfaction in knowing I totally ruined her day. Then I went and deposited the check, and it did clear!

CO.d 502nd
07-01-2003, 12:20 AM
Ive found that nine out 10 times a good registered letter with words like lien,put it on your credit report featured prominently they send the money pretty quick.

Toroguy
07-01-2003, 12:22 AM
Harass the bejesus out of her.

Court and all the Lawyer fees will destroy the small claim.

Dirt bags are dirt bags, treat them with...respect....

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
Edited violation of Lawnsite.com Posting Guidelines

Rustic Goat
07-01-2003, 12:35 AM
You've never said what the dollar value of this is, trying to read between the lines and guess, is it about $180.00 ? Whatever the amount, is it worth your time, effort, and screwed mental state, cause you won't be able to let it go until it's run its course in court. OR, can you just get a mental picture of her stuck in a toilet, and your hand on the lever, and flush the whole experience from existence.
If so, just chalk it up to experience. Find Mammy Yokum, and have her put the evil eye on her.
Each state has have its own laws pertaining to liens, even if you were to get one, isn't all they have to do is go down and post a $20. bond, and that basically puts it in limbo?

Richard Martin
07-01-2003, 04:41 AM
I simply go to www.olddebts.com (http://www.olddebts.com) and let them handle it. They send legal warning letters and will enter the debt into the debtors credit record for a small fee. I have used it twice now and it works like a charm.

SWD
07-01-2003, 07:11 AM
Most states have some mechanism for pursuing debt. However your state is structured, check with the county court personnel for information.
I would caution you on what some posters have said about harassing and confronting non payers - after your first written, certified letter, with return receipt, have no further verbal discussion with them. In court it is here say and not admissable. Furthermore, you open yourself up to a harrasment claim and possible arrest.
Prior to this line of work, I was a police officer for nine years. I worked as a detective for eight of these years, half of it homicide and the rest investigating fraud like what you have experienced.
From what I observed, contracts don't mean diddly squat. You go to court, you have a lawyer, they have a lawyer - which ever lawyer is better, wins.
The best way to approach something like this is to activate whatever mechanism your state has for pursuit of bad debt and allow the court to do what it is supposed to. Document everything, accept no verbal agreements from debtors, or personal checks, and wait for your day in court.
If that doesn't work, I REALLY like the old debt web site idea.
most cordially, Steve

Mr_Marc
07-01-2003, 07:34 AM
I believe you can wright the bad debt off at tax time?


CO.d 502nd
Ive found that nine out 10 times a good registered letter with words like lien,put it on your credit report featured prominently they send the money pretty quick.

This would be my choice

bruces
07-01-2003, 08:24 AM
Originally posted by Mr_Marc
I believe you can wright the bad debt off at tax time?


This would be my choice

A bad debt write off is a deduction. A deduction will save you your tax rate times the amount of the deduction.

If the bill is $200 and the tax rate is 30%, she will save $60. She is still out $140.

Not a good trade off. Also, most of us are probably paying taxes on the cash basis, in other words, we pay tax on what we collect, not what we bill.

mower_babe
07-01-2003, 09:53 AM
Originally posted by Rustic Goat
You've never said what the dollar value of this is, trying to read between the lines and guess, is it about $180.00 ? Whatever the amount, is it worth your time, effort, and screwed mental state, cause you won't be able to let it go until it's run its course in court. OR, can you just get a mental picture of her stuck in a toilet, and your hand on the lever, and flush the whole experience from existence.
If so, just chalk it up to experience. Find Mammy Yokum, and have her put the evil eye on her.
Each state has have its own laws pertaining to liens, even if you were to get one, isn't all they have to do is go down and post a $20. bond, and that basically puts it in limbo?

She owes $650.00, without any interest or additional charges.

mower_babe
07-01-2003, 09:55 AM
Originally posted by Toroguy
Harass the bejesus out of her.

Court and all the Lawyer fees will destroy the small claim.

Dirt bags are dirt bags, treat them with...respect....

Don't really want to harass her, her on and off again husband has a bad-as@ reputation. If they hadn't gotten back together, she prob. would have paid.

cos
07-01-2003, 10:47 AM
In our state it is called a contractor's lien. The first thing you have to do is go to small claims and win. If payement is not secured within 30 days, then you file in your county court and the lien is placed on the house. It is a shame that people can be deadbeats and get away with it.

Good luck to ya.

Remsen1
07-01-2003, 04:00 PM
These days, with all the bed debt there should be better processes for collecting. Like an expedited process for getting a judgement (due process of course), then either a forced collection cash, credit, bank deduct, or garnishment. If none of these work a lein should be attached to the SS#. If the debtor ever attempts to get credit, or do anything involving using his/her SS# they must pay the debt before the transaction can occur.

That would be ideal.

$650 that is a lot. How many times did you provide service without getting paid?

I collect from new customers when I provide the service or before providing the next time. After I am comfortable then I leave them the option of leaving payment for me when I arrive or mailing to me monthly.

She sounds like an idiot (calling and leaving a message to b i t c h that you're doing her lawn when you were right there and she could have came out and talked to you face to face.)

For this amount you can't let it go. I feel for ya man.

mower_babe
07-01-2003, 05:27 PM
Originally posted by Remsen1
These days, with all the bed debt there should be better processes for collecting. Like an expedited process for getting a judgement (due process of course), then either a forced collection cash, credit, bank deduct, or garnishment. If none of these work a lein should be attached to the SS#. If the debtor ever attempts to get credit, or do anything involving using his/her SS# they must pay the debt before the transaction can occur.

That would be ideal.

$650 that is a lot. How many times did you provide service without getting paid?

I collect from new customers when I provide the service or before providing the next time. After I am comfortable then I leave them the option of leaving payment for me when I arrive or mailing to me monthly.

She sounds like an idiot (calling and leaving a message to b i t c h that you're doing her lawn when you were right there and she could have came out and talked to you face to face.)

For this amount you can't let it go. I feel for ya man.


We mowed her for one month and one week. I had just sent her 1st bill out days before the incident. I brought an up to date bill to her after the last mowing. I always bill on the 1st and have a net 10 policy that also states

a) 1.5 % interest on all accounts past 30
b) all delinquent accounts are subject to termination or suspension of services until bill is paid in full
c)all delinquent accounts are subject to legal action and any and all expenses that occur due to collection efforts.

I try to cover my as*.

And yes, I believe she is an idiot. If I wanted to terminate service that badly, I would have called earlier and at least stopped us while we were mowing.

DLCS
07-01-2003, 05:37 PM
Well, I would send her a certified letter telling her either pay up or your sending her to collections. You will lose some of that to the collection agency but its still better than eating $650.00 . Also, you can't legally charge interest since you are not a financial instituition. Instead charge a late fee for every 30 days past due. Good Luck!

mower_babe
07-01-2003, 06:17 PM
DLCS, I sent her a certified letter saying...


"This certified letter is to make you aware that I am pursuing legal action against you,###,address, in the nonpayment of services rendered. It was made known to you, ###, that we have a policy of net 10 on all billing. I was also outlined on the bill and discussed with you in person that all delinquent accounts are subject to 1.5% interest per month and subject to legal action and all related fees and expenses incurred. I have hand delivered these bills to you, ###, and have also enclosed them for your records. This letter has been forwarded to my attorney, ###, and he has been given the authority to pursue legal action, by what ever means that he deems necessary. It is unfortunate that you have made the decision to not pay this bill, as this is never a comfortable situation for any of the parties involved. If you would like to avoid these consequences, I will need to be in receipt of a money order or cashier's check payable in the amount of $650.00, by July 2nd, 2003, no later than 5pm."

As far as the interest - I have never heard that I couldn't charge interest and could only charge a fee. Where did you get that information from? I checked with my accountant and he told me that I was within standards, in fact on the bottom of his bill it has an interest statement. I also recall several other service oriented businesses around here that charge interest. In fact, the doctor and dentist bills say that on them also. I am incorporated, maybe that is where the confusion lies - maybe a sole proprietorship cannot. I do not know. I have only had a problem this bad once before and I was incorporated then, also.

DLCS
07-01-2003, 06:36 PM
I have a buddy that was taken to court over a medical bill. The hospital(CGH Medical Center) tried to charge interest. His lawyer got the interest dropped, the reason he said was you have to be a financial institution to charge interest.

Gr grass n Hi tides
07-01-2003, 06:37 PM
$650.00 is a lot of money. I'm telling you, do yourself a favor and send her a draft copy of a complaint (could be a very simple "notice" type pleading stating in simple words what your beef is) that you would be prepared to file. If you are going to send her registered mail anyway, just include it. It will show her that you are serious, but not a total jerk even though you are the one being wronged. Plus, if push comes to shove you can document having gone the extra mile and are the reasonable one. That will go a very long way with a judge or magistrate.

You don't even have to file the "complaint" if you don't want to - just show her you are ready. If mailing the draft to her doesn't work, you've lost nothing more because you didn't have to pay a lawyer for their time. Now, if you do file suit that's a different story.

Respectfully, I disagree with SWD. For every case he's seen in court I've seen 300 active litigation cases that never made it that far, but could have. I have seen my share of trial outcomes, too. The fact is that almost all litigation these days takes place outside the courtroom. Maybe hard to believe with today's climate and looking at how busy the court systems are, but very true. The cases that get tried are the tip (maybe 10%) of the iceburg. Rarely is there spectacular sandbagging going on like we all see on primetime. Plus, you probably don't need an attorney to make this argument for you (at least not these initial steps while you attempt to handle this like a lady). It's a simple matter.

Carry this as far as you can, and want to, before you start spending a ton of money on it. If your attorney charges $150/hr., I venture to say the minimum retainer he/she would want would be in the neighborhood of $300 - $500. Draft complaint, send a few letters & make an appearance or two, and all of the sudden you have an $800 tab to recover a $650.00 debt.

Please carefully consider your investment of time and money vs. potential recovery.

Also, do you know for certain non-payer owns the property? If she doesn't own anything you might obtain a judgment that cannot be enforced. Happens all of the time.

Suggestion: go to www.accurint.com and check out all of the information you can obtain for dirt cheap on this character. Anything you could ever imagine can be found there. Phenomenal public records resource. You can find out for certain if she owns this property or anything else that might attach.

bdemir
07-01-2003, 06:43 PM
I did not read everyones post but heres what i would do in order.


!. contact her via telephone or certified mail let her know that you will put lien and take her to court.

2. If you dont get paid in two weeks and have made efforts to get paid or contact her then just go to court and you will get paid.

3. If you put a lien you will be in a better position.


Nobody puts a lien on a house for no good reason so the judge has reason to belive you.

First try to resove it with her then take action.



you will win in court if you have all your proof and your word and speak nice and slowly to the judge with confidence and you will win.

I have done it many times and gotten paid.



If they owe you and wont pay just treat it like a business and do what you have to do to get paid. End of story.


Oh yeah, Dont get a lawyer for that you dont need it for that amount you can do it all yourself. People dont like to lie in court and you have the proof that you cut her grass. (neigbors etc...)

Bedros

GrassBustersLawn
07-01-2003, 06:48 PM
At least your client still lives in the house. I have one that owes me $620 that moved out and disappeared. I took them to Small Claims - should be called What-a-Joke. They didn't show so I got a Default Judgement. That and $1 will buy you a cup of coffee. Asked the lady at court "Now they'll file a lien against the house in my favor, right?" "Well they are supposed to, but she just sends the paperwork downtown and doesn't really know what they do with it" was her reply!

Seems like you would have some leverage since they are still in the house. Good Luck.

Mike

Gr grass n Hi tides
07-01-2003, 07:02 PM
The best attorneys/negotiators don't have to try cases because they are prepared and have won the battle before it goes that far. Trial and/or hearing is the last resort when one or more of the parties in situations like this are completely unreasonable. Yes, you do have to be good if it goes that far, but we are talking about $650. No attorney tries a case for only $650 in fees. Not even close.

Don't think of it as a justice system. This is all about COMPENSATION, and in a compensation system there are no guarantees whatsoever when looking at the outcome of a trial or hearing. If you get that far you are rolling dice & have spent a lot of money for the right to do so. **** shoot.

mower_babe
07-01-2003, 08:55 PM
Originally posted by Gr grass n Hi tides
The best attorneys/negotiators don't have to try cases because they are prepared and have won the battle before it goes that far. Trial and/or hearing is the last resort when one or more of the parties in situations like this are completely unreasonable. Yes, you do have to be good if it goes that far, but we are talking about $650. No attorney tries a case for only $650 in fees. Not even close.

Don't think of it as a justice system. This is all about COMPENSATION, and in a compensation system there are no guarantees whatsoever when looking at the outcome of a trial or hearing. If you get that far you are rolling dice & have spent a lot of money for the right to do so. **** shoot.

I don't really expect my lawyer to take this to court, I havebeen to small claims before for non-payment - but these are definitely different circumstances. I was just trying to intimidate her into paying...I hate being a b-tch. If I used him for anything, it would be to send her a nasty gram-at this point.

DLCS - I disagree with you about interest, but I am not going to argue...(for once):D

mower_babe
07-01-2003, 08:58 PM
Shawn, I like your idea of making a copy of the complaint before filed, maybe i should have done that before I sent this last letter...

windmill
07-01-2003, 11:51 PM
A Canadian's $0.02 worth (That's almost $0.02 US)
I have had a few deadbeat customers, I usually send them to the collection agency who takes a few percent if it's paid quickly and up to 50% if it takes some time. Just got paid $7.00 for a real old one. Seems they wanted to buy a new house and couldn't get a mortgage because they owed $14.00. I wonder how embarrassing it is to be refused a mortgage because you owe a few bucks to someone.:o

mower_babe
07-01-2003, 11:53 PM
and how long do you wait b4 that point

windmill
07-02-2003, 10:27 AM
There's the catch, the $7.00 was about 3 years, but itstill puts a smile on my face knowing that the customer didn't get away without paying.:)

Albemarle Lawn
07-02-2003, 12:15 PM
If she saw you outside yet chose to call at 4PM, I think a judge would rule in your favor in regards to the final cut- she could have just went outside and told you not to cut. It makes no sense for her to call you when you or your employees are in her front yard.

KB

jaredslawncare
07-02-2003, 02:03 PM
Thats one of the many reasons I like to stay in the commercial mowing buisness. Buisnesses dont want their name in the paper in general unless it is for something good like community fundraisers and thing like that. Sorry bout' your luck

Gr grass n Hi tides
07-02-2003, 06:30 PM
Originally posted by mower_babe
Shawn, I like your idea of making a copy of the complaint before filed, maybe i should have done that before I sent this last letter...

You know, I think you were working on your long post while I was working on mine, because by the time I got mine on there I saw your note RE the cert. letter you mailed was already posted. That might be enough to do the trick.

I do hope it goes favorably for you. I also hope I'm as good natured about it as you are the first time I get stuck with a $650 tab.

Let us know how it turns out.

mower_babe
07-02-2003, 10:45 PM
Well, Here I am - doin the "happy dance!!!":blob1:

My mom was at my house earlier watering my flowers and the deadbeat shows up!!! She told my mom that she thinks that it is wrong that I ask her to pay within 10days and that I am ruthless to pursue legal action and ...that I had better hope that it doesn't get out about how I run my lawn care business---or I won't have one to run in this town. Oh- she also said she would be back later to give me some constructive criticism on how to run my business.

What a *beep*, Anyway - SHE PAID!!!! I am going to go to her bank ASAP in the morning tommorow to get the cash, before I let down my defenses. Thanks for all your help and I hope I never have to go to court or pursue legal action again...if I do, I will definitely draw on your insight...Thanks;)


I got another one that is behind, commercial account-nonetheless. They will not be mowed until they catch up with interest and I am hand delivering the bill in the morning. It is a restaurant and it is tempting to take the mowing crew there tommorow to dine in and run up a bill, with bar tab to equal what they owe me, but two wrongs don't make a right, I suppose!!

I hope everyone has a wonderful weekend! And many, many thanks for all of your input!!;)

mower_babe
07-02-2003, 10:47 PM
Originally posted by Albemarle Lawn
If she saw you outside yet chose to call at 4PM, I think a judge would rule in your favor in regards to the final cut- she could have just went outside and told you not to cut. It makes no sense for her to call you when you or your employees are in her front yard.

KB

That is exactly what I thougt, in fact the second message that i have saved on my machine, has her saying that she is looking out at us mowing...duh?!?!

Gr grass n Hi tides
07-02-2003, 11:16 PM
Originally posted by mower_babe
Well, Here I am - doin the "happy dance!!!":blob1:
SHE PAID!!!!

Right on!!!! :)

I'll bet she doesn't go through with the "constructive criticism" either. She knows she's wrong or would have never brought you a check. She's just a little hurt & needs to simmer down.

parkwest
07-02-2003, 11:30 PM
My gandmother told me a long time ago... not to trust anyone more than you're willing to lose... you'll never get in trouble that way.

I hope you learned from this. Unless they have a long history with us, We do a credit check on any entity that wants to do business with us on credit. Only cost $20 bucks and is well worth it.

mower babe have you tried pre-paid legal? Those guys make about a buck and hour off me. Even used them to get different perspective on divorce case, since I knew the two lawyers working the case weren't going to resolve it until the well ran dry.

GLAN
08-23-2003, 01:52 PM
Folks

I do know that if person knowingly has you perform any work and does not pay. They are liable for payment of said service and any penalties concerning late payment.

Just for the fact that she leaves a message saying that she is watching you do the work is not enough notice of cancelation. She knowingly allowed you to do the work. She is responsible for that service payment.


Just like you send a crew out and they cut the wrong house. The cut next door to the one they are supposed to. Now suppose this happens a couple weeks. And one day you show up there with the crew and you are like What? you guys are cutting the wrong house, and yet the woman brings out ice water for the men. You go and tell that woman a mistake has been made and that you owe me for the service. She has to pay you. She knowingly allowed work to be performed.

LAWNGODFATHER
08-23-2003, 03:06 PM
Originally posted by mower_babe
Well, Here I am - doin the "happy dance!!!":blob1:

My mom was at my house earlier watering my flowers and the deadbeat shows up!!! She told my mom that she thinks that it is wrong that I ask her to pay within 10days and that I am ruthless to pursue legal action and ...that I had better hope that it doesn't get out about how I run my lawn care business---or I won't have one to run in this town. Oh- she also said she would be back later to give me some constructive criticism on how to run my business.

What a *beep*, Anyway - SHE PAID!!!! I am going to go to her bank ASAP in the morning tommorow to get the cash, before I let down my defenses. Thanks for all your help and I hope I never have to go to court or pursue legal action again...if I do, I will definitely draw on your insight...Thanks;)


I got another one that is behind, commercial account-nonetheless. They will not be mowed until they catch up with interest and I am hand delivering the bill in the morning. It is a restaurant and it is tempting to take the mowing crew there tommorow to dine in and run up a bill, with bar tab to equal what they owe me, but two wrongs don't make a right, I suppose!!

I hope everyone has a wonderful weekend! And many, many thanks for all of your input!!;) Well to incure a $650 debt from grass cutting shows she has been behind or she got a lot of grass to mow.

Ruthless at collecting bad debt is more like it, let the (You know what) go and forget about it. Use this as a learning experiance.....

Gr grass n Hi tides
08-23-2003, 05:38 PM
Originally posted by GLAN
Folks

I do know that if person knowingly has you perform any work and does not pay. They are liable for payment of said service and any penalties concerning late payment.

Just for the fact that she leaves a message saying that she is watching you do the work is not enough notice of cancelation. She knowingly allowed you to do the work. She is responsible for that service payment.


Just like you send a crew out and they cut the wrong house. The cut next door to the one they are supposed to. Now suppose this happens a couple weeks. And one day you show up there with the crew and you are like What? you guys are cutting the wrong house, and yet the woman brings out ice water for the men. You go and tell that woman a mistake has been made and that you owe me for the service. She has to pay you. She knowingly allowed work to be performed.

The important thing is that mb was paid with a little effort and negligible expense (although some headache).

"Notice" is completely and entirely in the court's discretion once you have initiated an action. Period. Case law carries some weight. We deal with it all the time. CYA with paper work & document communications if you have a problem client/account.

Long and short of court proceedings - they are a complete roll of the dice. I'll say again, complete roll of the dice. What we do on our end to head off an action is where it's at; however, I would say the size of the claim would have bearing. Depends on what "big fish" is to you and what the time/money in vs. potential payout/recovery means to you. Is it worth it? Costs and uncertainty of litigation can be daunting.

Not ragging on GLAN, but I think the example of mowing a property by mistake he mentions is a bad one under this topic heading. Say you do send a crew out and they start cutting the wrong yard? LCOs options:
(1) pull the crew part way through the job;
(2) finish the job and charge the "wrong" property owner;
(3) finish the job and don't charge the "wrong" property owner.

I say there's only one correct answer - #3. Think about it. The property owner didn't ask you there, and certainly since she didn't invite you she doesn't have to pay. It's your fault and it's only right to finish the job vs. leaving it 1/2 done. Who knows, maybe property owner is leaving town and don't have time to do it, they're in bad health, they've just hit financially bad times, they have never paid for lawn care and never planned to. The list goes on. All the "maybe" reasons are moot anyway because the fact is she didn't order the service, looks up & sees she got guys in her yard doing work. Heck, I think she's nice to come out & offer water to the crew, although in this hypothetical situation payment/non-payment should be discussed at that point in time.

Again, not raggin on GLAN & this might not be the correct answer in everyone's minds. Just trying to give everyone perspective when looking at a bad situation/PITA client.

mower_babe
08-23-2003, 06:14 PM
I did get my money....and I didnt let her fall behind that much...if I remember correctly it was for maybe 6 mowings...would have to look it up...it was only for maybe 5 or so weeks.