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View Full Version : Help getting paid? Bobby methods???


Husky03
11-19-2004, 04:34 PM
I posted a thread a while back about a guy that I did a leaf cleanup for. He owes $150. I told him he had until DEC. 6 to pay me on his invoice. At my age I am not able to sign contracts so really getting paid is always a big risk for me. I am pretty sure this is going to turn into a battle. If this guy does turn to be a jerk and not pay me is there anything I can do since I signed no contract? Is there any legal action (or nonlegal LOL) I can take to get paid? I really have never had any serious problems so this would be my first. Bobby, any advice :p

Thanks...

packerbacker
11-19-2004, 04:36 PM
I posted a thread a while back about a guy that I did a leaf cleanup for. He owes $150. I told him he had until DEC. 6 to pay me on his invoice. At my age I am not able to sign contracts so really getting paid is always a big risk for me. I am pretty sure this is going to turn into a battle. If this guy does turn to be a jerk and not pay me is there anything I can do since I signed no contract? Is there any legal action (or nonlegal LOL) I can take to get paid? I really have never had any serious problems so this would be my first. Bobby, any advice :p

Thanks...






In KS a verbal agreement is just as binding as signing one. That could be the same where you live. Call the guy and talk to him, give him another week or so and if he doesnt pay return the leaves to him :) If you have to tell him you will take payments, see if he wants to split it up.

lsylvain
11-19-2004, 05:00 PM
Husky, you can sign contracts. Although you are under 18 the contract is voidable only by you.(as far as I know that is the same state to state.) Basically, you can contract all you want but the other party who is of legal age cannot hold you to the contract. You on the other hand can hold them to the contract. Basically being under 18 is like being drunk when you sing a contract, the gov says you don't have the mental ability to understand the contract so you cannot be held liable for it. Sounds pretty good to me if I was in your shoes.

And as others have said, there is no difference between a verbal and written contract when it comes to jobs by the cut. Anything over a year or over a certain $ amount (depends on the state) requires a written contract.

Look into your local Mechanics Lean rules. In many areas you can put a Lean on a house for landscaping, again depends on your state and local gov. Usually all it takes is a letter stating that you will be place a Lean on their house and you will get your check very very very quickly. Especially if it is only $150.00. Also check into small clames court. 150 probably isn't worth the trouble but I would check it out.

In the state of VA to make a contract (as a business) over $1,000 you have to have a contractors license.

Husky03
11-19-2004, 05:01 PM
I was thinking about payments, but I think it may be harder getting paid that way because he will be more likely to think "I gave hime something" and then not end up paying me anything past the first payment. Either way, he still has time before I will start B!tching at him. I never thought of returning the leaves to him LOL. Good idea, about an 8 foot stack in his front yard ought to do him nicely.

bobbygedd
11-19-2004, 05:03 PM
i see you're only 16 yrs old? how good of a bullsh!tter are you? tell him to pay you or you will call the police and tell them he "touched you" . $150 bucks, or 20 years, what do u think he will pick?

Husky03
11-19-2004, 05:05 PM
lsylvain, that is what I though too so I asked the small business development center in my area and they told me absolutely no contracts until 18. Maybe I should talk to an attorney before next season.

Ability
11-19-2004, 05:11 PM
i see you're only 16 yrs old? how good of a bullsh!tter are you? tell him to pay you or you will call the police and tell them he "touched you" . $150 bucks, or 20 years, what do u think he will pick?


That is hilarious!!!!!!!!!!!

Husky03
11-19-2004, 05:28 PM
Bobby: I will keep that in mind :D We will just have to see how things turn out. Thanks for the help.

YardPro
11-19-2004, 05:59 PM
bobby, THAT was funny

PLI1
11-19-2004, 06:03 PM
Try talking to him and getting him to pay. If this doesn't work, go to legaldocs.com and get a FREE demand for payment letter. This has worked for me, it may work for you too. Good luck. Just remember not to let your anger get the best of you! Take steps that are legally correct to get your money and then fight hard to get it. You don't want to be the one who gets in trouble in the end.

MMLawn
11-20-2004, 10:54 AM
Husky, you can sign contracts. Although you are under 18 the contract is voidable only by you.(as far as I know that is the same state to state.) Basically, you can contract all you want but the other party who is of legal age cannot hold you to the contract. You on the other hand can hold them to the contract.

<b>HUSKY, PLEASE DO NOT LISTEN TO THIS ADVICE AS IT IS WRONG AND COMPLETELY BACKWARDS and could cause you (and your parents as they are responsible for your actions until you reach legal age in IN) great legal problems. To assist all of you guys under 18 I have posted the ACTUAL LAW below on the Legal Age to sign any contract for all 50 States.</b>

In addition your specific law in the State of Indiana is Indiana Code 26-1-3.1-305.

lsylvain has his information exactly backwards. The ONLY person that has a defense if a Minor signs a contract in your state (and others) is the OBLIGOR which as you know is the person that signs as the person owing you the monety. If you and he sign the contract and it is later found that you were under 18 then he has the right to assert the Legal Defense of Infancy against you and would NOT be hold accountable for the contract.

I hope this helps you as it is fact and the law as I said sited below.

Legal Contracts
In all 50 states and the District of Columbia, the contract rights of youth under age 18 are restricted and/or infancy of the obligor is a defense to the enforcement of a simple contract. <'p>

Alabama, Ala.Code §§ 7-3-305 (infancy is a defense), 26-1-1 (age of majority is 19) Alaska, Alaska Stat. § 45.03.305 (infancy is a defense), 25.20.010 (person over age 18 has rights of citizen of full age), 09.55.590 (minor who has disability removed has capacity to contract) Arizona, Ariz. Rev. Stat. §§ 47-3305 (infancy is a defense), 44-131 (youth under 18 who are veterans or married to adults are exempted from disability by reason of age and have capacity to contract) Arkansas, Ark. Code Ann. §§ 4-3-305 (infancy is a defense), 9-25-101 (age of majority is 18) California, Cal. Com. Code § 3305 (infancy is a defense), Cal. Fam. Code § 6700 (minor cannot make a contract regarding real property or personal property not in minor's possession and minor has power to disaffirm contract), Cal. Fam. Code § 6710 (minor can disaffirm contract) Colorado, Colo. Rev. Stat. Ann. §§ 4-3-305 (infancy is a defense), 13-22-101 (persons 18 or older have capacity to enter into contracts) Connecticut, Conn. Gen. Stat. Ann. §§ 42a-3-305 (infancy is a defense), 1-1d (infant defined as person under age 18) Delaware, Del. Code Ann. tit. 6, §§ 3-305 (infancy is a defense), 2705 (persons age 18 or older have full capacity to contract) District of Columbia, D.C. Code Ann. §§ 28:3-305 (infancy is a defense), 46-101 (age of majority is 18) Florida, Fla. Stat. Ann. §§ 673.3051 (infancy is a defense), 743.07 (disabilities of nonage end at age 18) 743.01 (disabilities of nonage dissolved for minor who marries; married minor has right to contract) Georgia, Ga. Code Ann. §§ 11-3-305 (infancy is a defense), 39-1-1 (age of majority is 18), 13-3-20 (minors' contracts are voidable) Hawaii, Haw. Rev. Stat. §§ 490:3-305 (infancy is a defense), 577-1 (age of majority is 18) Idaho, Idaho Code §§ 28-3-305 (infancy is a defense), 29-101 (minors are incapable of contracting), 32-101 (married minors are competent to contract), 32-103 (minors can disaffirm contracts) Illinois, 810 Ill. Comp. Stat. 5/3-305 (infancy is a defense), 755 Ill. Comp. Stat. 5/11-1 (minor defined as person under age 18), 750 Ill. Comp. Stat. 30/5 (emancipated minors have right to enter into legal contracts) Indiana, Ind. Code § § 26-1-3.1-305 (infancy is a defense), 1-1-4-5 (defines infant as person under age 18) Iowa, Iowa Code Ann. §§ 554.3305 (infancy is a defense), 599.1 (age of majority is 18 or upon marriage), 599.2 (minors can disaffirm contracts) Kansas, Kan. Stat. Ann. §§ 84-3-305 (infancy is a defense), 38-101 (age of majority is 18, but married minors age 16 and older have capacity to contract) Kentucky, Ky. Rev. Stat. Ann. §§ 355.3-305 (infancy is a defense), 2.015 (age of majority is 18) Louisiana, La. Rev. Stat. Ann. § 10:3-305 (infancy is a defense), La. Civ. Code Ann. Art. 1918 (unemancipated minors do not have capacity to contract) Maine, Me. Rev. Stat. Ann. tit. 11, § 3-1305 (infancy is a defense), tit. 33, § 52 (minor's contract must be ratified in writing by person of full age to be actionable) Maryland, Md. Code Ann., Com. Law §§ 3-305 (infancy is a defense), 1-103 (age of majority for capacity to contract is 18) Massachusetts, Mass. Gen. Laws Ann. ch. 106, § 3-305 (infancy is a defense), ch. 231, § 850 (persons age 18 and older have capacity to contract) Michigan, Mich. Comp. Laws Ann. §§ 440.3305 (infancy is a defense), 722.52 (persons 18 and older have legal capacity of adults) Minnesota, Minn. Stat. Ann. §§ 336.3-305 (infancy is a defense), 645.45 (minor defined as person under age 18), 645.451 (minor defined as person under age 18), 645.452 (disabilities of minority end at age 18) Mississippi, Miss. Code Ann. §§ 75-3-305 (infancy is a defense), 93-19-9 (minors who have disabilities removed have capacity to make contracts) Missouri, Mo. Ann. Stat. §§ 400.3-305 (infancy is a defense), 431.055 (person becomes competent to contract at age 18) Montana, Mont. Code Ann. §§ 30-3-305 (infancy is a defense), 28-2-201 (minors are not capable of contracting) Nebraska, Neb. Rev. Stat. §§ 3-305 (infancy is a defense), 43-2101 (age of majority is 19 or upon marriage) Nevada, Nev. Rev. Stat. §§ 104.3305 (infancy is a defense), 129.010 (minors age 18 and older and emancipated minors have capacity to enter into contracts) New Hampshire, N.H. Rev. Stat. Ann. §§ 382-A:3-305 (infancy is a defense), 21:44 (age of majority is 18) New Jersey, N.J. Stat. Ann. §§ 12A:3-305 (infancy is a defense), 9:17B-1 (persons age 18 and older have right to contract) New Mexico, N.M. Stat. Ann. §§ 55-3-305 (infancy is a defense), 32A-21-5 (emancipated minor has capacity to contract) New York, N.Y. U.C.C. Law § 3-305 (holder in due course takes instrument free from defense of infancy), N.Y. C.P.L.R. 105 (infant defined as person under age 18) North Carolina, N.C. Gen. Stat. §§ 25-3-305 (infancy is a defense), 48A-2 (minor defined as person under age 18) North Dakota, N.D. Cent. Code §§ 41-03-31 (infancy is a defense), 9-02-01 (minors do not have capacity to contract), 14-10-11 (minor can disaffirm contract) Ohio, Ohio Rev. Code Ann. §§ 1303.35 (infancy is a defense), 3109.01 (persons 18 or older have capacity to contract) Oklahoma, Okla. Stat. Ann. tit. 12A, § 3-305 (infancy is a defense), tit. 15 §§ 11 (minors do not have capacity to contract), 17 (minor cannot make a contract regarding real property or personal property not in his control) Oregon, Or. Rev. Stat. §§ 73.0305 (infancy is a defense), 109.510 (persons 18 and older have rights of citizen of full age) Pennsylvania, 13 Pa. Cons. Stat. Ann. § 3305 (infancy is a defense), 23 Pa. Cons. Stat. Ann. § 5101 (persons over age 18 can enter into binding contracts) Rhode Island, R.I. Gen. Laws §§ 6A-3-305 (infancy is a defense), 15-12-1 (age for assumption of legal rights is 18) South Carolina, S.C. Code Ann. §§ 36-3-305 (infancy is a defense), 15-1-320 (minors defined as persons under age 18), 20-7-250 (contracts made in writing by infants must be ratified in writing by person of full age to be actionable) South Dakota, S.D. Codified Laws §§ 57A-3-305 (infancy is a defense), 26-2-1 (minor cannot make a contract regarding real property or personal property not in his control), 26-2-3 (minors may disaffirm contracts) Tennessee, Tenn. Code Ann. § 47-3-305 (infancy is a defense), 29-31-105 (minor who has disabilities removed is empowered to contract) Texas, Tex. Bus. & Com. Code Ann. § 3.305 (infancy is a defense), Tex. Fam. Code Ann. § 31.006 (minor who has disabilities removed has capacity to contract) Utah, Utah Code Ann. §§ 70A-3-305 (infancy is a defense), 15-2-2 (minor bound by contracts unless he disaffirms them) Vermont, Vt. Stat. Ann. tit. 9A, § 3-305 (infancy is a defense), tit. 1, § 173 (minors are persons under age 18) Virginia, Va. Code Ann. §§ 8.3A-305 (infancy is a defense), 1-13.42 (defines infant as person under age 18) Washington, Wash. Rev. Code Ann. § § 62A.3-305 (infancy is a defense), 26-28-030 (minor bound by contracts unless he disaffirms them) West Virginia, W. Va. Code §§ 46-3-305 (infancy is a defense), 2-3-1 (no person age 18 or older lacks capacity by reason of age to enter into contracts) Wisconsin, Wis. Stat. Ann. §§ 403.305 (infancy is a defense), 990.01 (age of majority is 18) Wyoming, Wyo. Stat. Ann. §§ 34.1-3-305 (infancy is a defense), 14-1-101 (youth age 18 or older can enter into a binding contract)

geogunn
11-20-2004, 11:00 AM
dang MM! remind me to check my facts before I argue with you again!

GEO :waving:

pcnservices
11-20-2004, 11:10 AM
Hey Husky - another Bobby-collection-method would be to hand this guy over to a collection agency. That will screw up his good credit record and make him pay higher interest rates next time he wants to buy a new car.

MMLawn
11-20-2004, 11:17 AM
dang MM! remind me to check my facts before I argue with you again! GEO :waving:

LOL GEO. It helps to have a sister that is a lawyer and specializes in Contract Law. :waving:

bobbygedd
11-20-2004, 11:23 AM
yea geo, act like what you are, a dumb azz beat cop

MMLawn
11-20-2004, 11:37 AM
Also keep this in mind for clarity on my part. The person under 18 in these cases would probably assert the defense that they are the actual OBLIGOR, and that the customer is the OBLIGEE. But in actual proceeds the customer would assert that they are in fact the OBLIGOR because they contracted for the services and to pay for the services and that the minor became the OBLIGEE in providing the service. Now if the customer KNOWINGLY signs a contract with someone under 18 knowing that the person was a Minor then that defense would fail and the minor could assert the Infancy defense on their part.

This may be what lsylain was referring too. However as stated by law as shown minors simply cannot sign legally binding contracts and would lose the defense of infancy as the OBLIGOR.

MMLawn
11-20-2004, 12:05 PM
Now if the customer KNOWINGLY signs a contract with someone under 18 knowing that the person was a Minor then that defense would fail and the minor could assert the Infancy defense on their part.

This may be what lsylain was referring too. However as stated by law as shown minors simply cannot sign legally binding contracts.


Sorry, I left off. Even should the OBLIGOR be found to be the Minor still the Contract would not be binding at all on the part of the Customer even if the minor asserted and was awarded Infancy protection as the Obligor and would be Void on behalf of the customer and relieve the customer of any fiduciary responsibility, which is what matters of collecting the money.

Husky03
11-20-2004, 12:36 PM
MMlawn: Thank you for the legal info. I guess there will be no contract signing until 18. ;) It really sucks doing any job over $100 and not having anything in writing saying you will get paid. It seems like that law should be the other way around like lsylvain said.

Thanks... :)

jim dailey
11-20-2004, 12:40 PM
i see you're only 16 yrs old? how good of a bullsh!tter are you? tell him to pay you or you will call the police and tell them he "touched you" . $150 bucks, or 20 years, what do u think he will pick?

Honest to God...Leave it to you, Booby. Unbeleivable !!!

BryPaulD
11-20-2004, 05:17 PM
just take a giant leaf collection and throw it back in the guys yard

HOOLIE
11-20-2004, 05:30 PM
Bobby's got the shovel trademarked I think. Maybe a pick-axe or ice-scraper would make a nice "collections agent".

HOOLIE
11-20-2004, 05:33 PM
Why exactly is this person refusing to pay you?

Husky03
11-20-2004, 09:13 PM
He has not refused to pay me yet. He got sh!tty when I gave him the bill and I told him he had 1 month. His time is almost up and I have yet to hear form him. If I do not hear from him in a few days it will be time to take action.

geogunn
11-20-2004, 11:07 PM
yea geo, act like what you are, a dumb azz beat cop

and you just keep beng yourself which is a BET WELSHING KINKO BOY!

GEO payup

Ric
11-20-2004, 11:28 PM
i see you're only 16 yrs old? how good of a bullsh!tter are you? tell him to pay you or you will call the police and tell them he "touched you" . $150 bucks, or 20 years, what do u think he will pick?

Honest to God...Leave it to you, Booby. Unbeleivable !!!

Jim

BooBy is an outstanding citizen and should be the Role model for all of our out standing fine youth. BTW he does motivational speaking at his former Reform School. His favorite Topic is. How to be Ignorant with an Attitude.

olderthandirt
11-21-2004, 12:23 AM
He has not refused to pay me yet. He got sh!tty when I gave him the bill and I told him he had 1 month. His time is almost up and I have yet to hear form him. If I do not hear from him in a few days it will be time to take action.
Lien his property and then you will have to serve him with the notice that is the course of action you took. Have a tape recorder in your pocket and try to get him to admit that he agreed,intended, hired you to do the leaf clean up.
Only 1 person needs to know a conversation is being recorded for it to be used in court. And if he threatens you make a copy of the tape and go back to his house, play it for him and tell him pay or you call the cops :D

Mac

bettergrass
11-21-2004, 12:49 AM
id drive by his house sometime and just park your car infront of his driveway, if hes home ring the bell and dont leave till he pays. just tell him that you would love for the cops to come and here why you are doing this.

i was considering this year when i thought someone wasnt going to pay, turns out they were on vacation for 3 weeks so i didnt do it

Ric
11-21-2004, 12:54 AM
Florida has a Thieved of Services Law. If you can prove he never had intentions of paying you he could be liable for a felony conviction. The Law does favor both the Young and the old. Fraud of the Elderly is a real big Crime here in God's Waiting Room.

Now Liens in most state will not stay on the books unless renewed. Just because you get a lien or win a judgement, doesn't mean you get paid.

Have you had your dad contact his man?? Sometimes an adult has just a little more Clod.

olderthandirt
11-21-2004, 01:03 AM
Now Liens in most state will not stay on the books unless renewed. Just because you get a lien or win a judgement, doesn't mean you get paid.
Partially true Ric, they only stay on the books a few yrs to over 15 but can be easily renewed. You will get paid it just might take awhile. To me there like little bank accounts making 2% of the unpaid balance a month :D

yrdandgardenhandyman
11-21-2004, 02:29 AM
small claims court, lein, theft of services..... etc. Go one of those routes.
DO NOT DUMP LEAVES BACK IN HIS YARD. That would be considered vandalism and retaliation by the law. If you are caught, that is. :angel:
This isn't real relevant but when you said he got shitty when you handed him the bill, was that because he had sticker shock? Did you not give an estimate on the job? Did you go over the estimate? He needs to realize that this is why it's called an estimate.
Also, some people think that just because you are under 18 , that your work is worth less. I'm sure you worked as hard as I would have on the job and did as good a job. Damned deadbeat customers.

yrdandgardenhandyman
11-21-2004, 02:33 AM
PS. I always make jobs like this due on presentation of the bill. Some jobs I require prepay of at least half. It is crap for the customer to sit on your money for 30 days.

Anthony-MB
11-21-2004, 02:55 AM
If a customer doesn't want to pay or wants to reduce the bill amount
you have very few options if your under 18.

Basically I'd suggest you BUG him.... But be nice and civil

1. wait till he comes home from work, then knock on his door requesting your money. 4 things might happen , he pays, he wants to reduce the amount, won't pay at all, or he'll just try to get rid of you and say he mailed it.
If no payment in 3 days goto his house every day

2. talk to his wife or girlfriend
3. if he has a holiday party go to it and request your money - make sure the other guest can hear.

4 try to get parent/relative to talk to him

5. last resort - find out when he goes to work. Then park your car behind his or to where your trailer blocks his driveway. Request your money. When he demands you move, tell him "You pay, I move"

even if he calls the cops it'll take 20 minutes for them to get there (rush hour), plus he'll be late for work. Plus your under 17, so not much will happen

===
one way for you to have contracts is for your parent to be co-owner of your company - so when clients sign they are entering a contract with your parent and not you.