Register free!
Search
 
     

The Green Industry's Resource Center


Click for Weather
Reply
 
Thread Tools Display Modes
  #21  
Old 09-10-2010, 08:12 PM
LushGreenLawn's Avatar
LushGreenLawn LushGreenLawn is offline
LawnSite Silver Member
 
Join Date: Mar 2006
Location: Dover, DE
Posts: 2,123
Quote:
Originally Posted by cgaengineer View Post
You can threaten them anyway you feel you need, legal or not. The fact is you in most cases cannot force people to pay and the time and energy required to try is time and money wasted.
Posted via Mobile Device
When your a business, and you do something illegal, its a liability.
Reply With Quote
  #22  
Old 09-10-2010, 08:15 PM
LushGreenLawn's Avatar
LushGreenLawn LushGreenLawn is offline
LawnSite Silver Member
 
Join Date: Mar 2006
Location: Dover, DE
Posts: 2,123
Quote:
Originally Posted by Georgia Lawn Works LLC View Post
If you do plan on taking them to court you need to file a police report.
Posted via Mobile Device
This is false. Civil Matters and Criminal Matters are two completely different courts.
Reply With Quote
  #23  
Old 09-10-2010, 08:17 PM
LushGreenLawn's Avatar
LushGreenLawn LushGreenLawn is offline
LawnSite Silver Member
 
Join Date: Mar 2006
Location: Dover, DE
Posts: 2,123
Quote:
Originally Posted by cgaengineer View Post
I'm almost 100% sure you are incorrect on this. I have put a lien on a property for lack of payment for surveying services. The only problem I see here is the lien would cost the op about $$35-$45 dollars and lost time writing it up and hand delivering it to the courthouse for sign off, they have never asked in the past what services were rendered and I didn't have to supply an invoice, only the amount owed.
Posted via Mobile Device
I don't have the copy of the law handy, but this is from a respected attorney.

http://www.davisbucco.com/docs/LANDS...%20ARTICLE.pdf

I have read the lawn, and know for a fact that it has to be a permanent structure. Oddly enough, Plants, Edging, and Mulch are permanent structures, but maintenance on landscaping or lawns is not. I really, really, wish it was!
Reply With Quote
  #24  
Old 09-10-2010, 08:22 PM
blaryslawn blaryslawn is offline
LawnSite Member
 
Join Date: Feb 2010
Location: Central VA
Posts: 28
Quote:
Originally Posted by RussellB View Post
Write it off. It is not worth your time or the aggravation.
Agreed.... Been there and its not worth the aggrevation or costs incurred. I went through that process, certified letters etc, took off a day, went to court, and have a lein on a guy over about $1000 from back in '04... still havent seen a dime. If they owe you money and wont pay, Im sure there are plenty others they owe, and if you do get judgement on them, and they only owe you 75$, you will have to get in a long line..... ive been in one for 6 years, lol,....

If you are new to the business, this will happen every so often. its just the nature of being self employed, Ive always found that just bugging the living hell out of them seems to work... heck, i just got a final payment for doing snow removal back in february, but if it were for 75$ the phone calls probably wouldnt have been worth the time
Reply With Quote
  #25  
Old 09-10-2010, 08:55 PM
cgaengineer's Avatar
cgaengineer cgaengineer is offline
LawnSite Fanatic
 
Join Date: May 2007
Location: Winder, GA
Posts: 15,777
Quote:
Originally Posted by Will P.C. View Post
Are you talking about having the guy draft it up and send to the customer, but not actually making it official with the court.

If so, that sounds like a great scare tactic.
Yes.
Posted via Mobile Device
Reply With Quote
  #26  
Old 09-10-2010, 08:59 PM
cgaengineer's Avatar
cgaengineer cgaengineer is offline
LawnSite Fanatic
 
Join Date: May 2007
Location: Winder, GA
Posts: 15,777
Quote:
Originally Posted by LushGreenLawn View Post
I don't have the copy of the law handy, but this is from a respected attorney.

http://www.davisbucco.com/docs/LANDS...%20ARTICLE.pdf

I have read the lawn, and know for a fact that it has to be a permanent structure. Oddly enough, Plants, Edging, and Mulch are permanent structures, but maintenance on landscaping or lawns is not. I really, really, wish it was!
I think your respected attorney is wrong, our company attorney typed up the first lien we ever filed for failure to pay for land surveying and civil engineering services. Maybe its different in your parts, but here you can file a lien.
Posted via Mobile Device
Reply With Quote
  #27  
Old 09-10-2010, 09:03 PM
cgaengineer's Avatar
cgaengineer cgaengineer is offline
LawnSite Fanatic
 
Join Date: May 2007
Location: Winder, GA
Posts: 15,777
Here it says materials or labor

http://www.wisegeek.com/what-is-a-lien.htm
Posted via Mobile Device
Reply With Quote
  #28  
Old 09-10-2010, 09:28 PM
LushGreenLawn's Avatar
LushGreenLawn LushGreenLawn is offline
LawnSite Silver Member
 
Join Date: Mar 2006
Location: Dover, DE
Posts: 2,123
Quote:
Originally Posted by cgaengineer View Post
Here it says materials or labor

http://www.wisegeek.com/what-is-a-lien.htm
Posted via Mobile Device
"It says materials and labor which has improved the property in some way. This is a retype by someone who is not an attorney. The actual law says "materials and labor which has improved the value of the property"

Just because you have a custom form does not mean you can use it where it does not apply. Landscaping yes, Maintenance no.

From a legal prospective, I am 100% right.
Reply With Quote
  #29  
Old 09-10-2010, 09:31 PM
LushGreenLawn's Avatar
LushGreenLawn LushGreenLawn is offline
LawnSite Silver Member
 
Join Date: Mar 2006
Location: Dover, DE
Posts: 2,123
mechanic's lien n. the right of a craftsman, laborer, supplier, architect or other person who has worked upon improvements or delivered materials to a particular parcel of real estate (either as an employee of the owner or as a sub-contractor to a general contractor) to place a lien on that real property for the value of the services and/or materials if not paid. Numerous other technical laws surround mechanic's liens, including requirements of prompt written notice to the owner of the property and the amount still owed (even before the general contractor has been tardy in making payment), limits on the amount collectable in some states, and various time limitations to enforce the lien. Ultimate, last resort enforcement of the mechanic's lien is accomplished by filing a lawsuit to foreclose the lien and have the property sold in order to be paid. Property owners should make sure that their general contractors pay their employees or sub-contractors to avoid a mechanic's lien, since the owner could be forced to pay the debts of a general contractor even though the owner has already paid the contractor. If the worker or supplier does not sue to enforce the mechanic's lien, he/she may still sue for the debt. (See: lien)

Heres the legal definition that would be in front of a Judge when he makes his ruling after you get sued for mental anguish for filing a false lien. Its not the law, he can look up more, but probably wouldn't. none of the technical details apply once he sees the word "improvements"
Reply With Quote
  #30  
Old 09-10-2010, 10:11 PM
cgaengineer's Avatar
cgaengineer cgaengineer is offline
LawnSite Fanatic
 
Join Date: May 2007
Location: Winder, GA
Posts: 15,777
Quote:
Originally Posted by LushGreenLawn View Post
"It says materials and labor which has improved the property in some way. This is a retype by someone who is not an attorney. The actual law says "materials and labor which has improved the value of the property"

Just because you have a custom form does not mean you can use it where it does not apply. Landscaping yes, Maintenance no.

From a legal prospective, I am 100% right.
Its not a custom form, it was typed up and provided to us in completion by our company attorney. I'd be glad to provide you with his name and number so you can tell him that the 8 years of school he attended they failed to teach him the law. I'm not trying to argue with you, but around here a lien can be placed on property for a service that is unpaid. I have taken 3 to the courthouse in the last 2 years and we had them filed, one paid and the others filed bankruptcy.
Posted via Mobile Device
Reply With Quote
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump





Powered by vBulletin® Version 3.8.6
Copyright ©2000 - 2014, Jelsoft Enterprises Ltd.
Copyright ©1998 - 2012, LawnSite.comô - Moose River Media
All times are GMT -4. The time now is 11:46 AM.

Page generated in 0.10746 seconds with 7 queries