View Single Post
Old 04-16-2013, 09:19 AM
Chilehead Chilehead is offline
LawnSite Bronze Member
Join Date: Feb 2007
Location: Stockbridge, GA
Posts: 1,861
Originally Posted by PROCUT1 View Post
Depending on the state, you will have hit and miss luck with the police.

In NY, there does exist the theft of services law but this type of work is not included in it. It also specifies INTENT. You have to show they intended to take services without paying.

You may get an officer that isn't well versed on the law to help, but it is a civil matter and they are not supposed to intervene.

Like taking a cab and running without paying is theft of services. Taking a cab and when you get to your stop "realizing you forgot money" is not.
Posted via Mobile Device
This is true. However, there is a term in legal circles called "intent by implication". If a client signs a contract to have work done, then they are implying that they voluntarily chose to the terms of the contract--including payment. This is where taking before/after pics of a job site come in. If I can show proof (the pictures) of work performed as outlined in a contract(which I also present), then I have the materials required to prove intent of nonpayment if a customer so chooses to do so. Neither the contract ALONE nor the pictures ALONE would do me any good in busting someone, but when they are BOTH presented--A-ha!--intent of nonpayment is proven.
Reply With Quote
Page generated in 0.03853 seconds with 8 queries