Register free!
Search
 
     

The Green Industry's Resource Center


Click for Weather
Reply
 
Thread Tools Display Modes
  #31  
Old 10-16-2010, 02:00 AM
h2oskier h2oskier is offline
LawnSite Senior Member
 
Join Date: Sep 2010
Location: San Angelo Tx.
Posts: 602
Quote:
Originally Posted by cpel2004 View Post
Thats not true, there is a great deal to the simplest contracts. Just because its on paper doesnt mean you automatically win. Furthermore most courts will rule in favor of the laymen over the professional in the case of an ambiguous contract. Which, on the surface it seems like we have in this case.
Well Sherlock when the contract is signed by a defendent and the contract states a specific task at hand GUESS WHAT the law follows the contract to the T so after you finish law school call me i fill you in on business law. But seeing how you represent the customer in this matter let the guy file his lawsuit and see what happens, would be willing to bet you'll be singing a different tune in the END.
Reply With Quote
  #32  
Old 10-16-2010, 02:07 AM
lawnpropm's Avatar
lawnpropm lawnpropm is offline
LawnSite Senior Member
 
Join Date: Aug 2010
Location: Spartanburg,SC
Posts: 561
That actually sounds like a great idea how does the collection process work?
Posted via Mobile Device
Reply With Quote
  #33  
Old 10-16-2010, 02:09 AM
h2oskier h2oskier is offline
LawnSite Senior Member
 
Join Date: Sep 2010
Location: San Angelo Tx.
Posts: 602
Just remember you have to pay the collection agency usually anywhere from 10 to 60%
Reply With Quote
  #34  
Old 10-16-2010, 02:17 AM
lawnpropm's Avatar
lawnpropm lawnpropm is offline
LawnSite Senior Member
 
Join Date: Aug 2010
Location: Spartanburg,SC
Posts: 561
Its worth looking into better than spending more than what I am in court cost and lawyer fees
Posted via Mobile Device
Reply With Quote
  #35  
Old 10-16-2010, 02:23 AM
h2oskier h2oskier is offline
LawnSite Senior Member
 
Join Date: Sep 2010
Location: San Angelo Tx.
Posts: 602
If you file in small claims court there are no lawyers or fees other than the filing fee usually $45 in most instances.
Reply With Quote
  #36  
Old 10-16-2010, 02:36 AM
lawnpropm's Avatar
lawnpropm lawnpropm is offline
LawnSite Senior Member
 
Join Date: Aug 2010
Location: Spartanburg,SC
Posts: 561
So I just ha e represent myself in small claims court. Im thinkng either small claims or collections. I need to research the whole colections thing tho. Have any of you guys ever successfully used a collection agency?
Posted via Mobile Device
Reply With Quote
  #37  
Old 10-16-2010, 02:50 AM
h2oskier h2oskier is offline
LawnSite Senior Member
 
Join Date: Sep 2010
Location: San Angelo Tx.
Posts: 602
If you file in small claims court depending on the cases pending in your area, you could probably get your case heard in about 1 to 2 months. If you go the collection agency route you maybe looking at waiting for your customer to croak before you ever collect a cent. A collection agency works mostly for big businesses anyway who have usually written the matter off, so if they collect 10% they are usually surprised. But from what you have stated about having a contract, well written, customer signature, and a description of the work to be performed, i would file in small claims court. It's a safe bet you will probably like this a whole lot better.
Reply With Quote
  #38  
Old 10-16-2010, 10:41 AM
JoshRountree JoshRountree is offline
LawnSite Member
 
Join Date: Apr 2010
Location: Fleetwood, NC
Posts: 8
Small claims is fairly easy, just be honest and show what you got, it worked for me.
Reply With Quote
  #39  
Old 10-16-2010, 06:43 PM
cpel2004's Avatar
cpel2004 cpel2004 is offline
LawnSite Bronze Member
 
Join Date: Feb 2005
Location: Zone 10b
Posts: 1,416
Quote:
Originally Posted by h2oskier View Post
Well Sherlock when the contract is signed by a defendent and the contract states a specific task at hand GUESS WHAT the law follows the contract to the T so after you finish law school call me i fill you in on business law. But seeing how you represent the customer in this matter let the guy file his lawsuit and see what happens, would be willing to bet you'll be singing a different tune in the END.


No your a wrong, you can have the best wriiten contract however if certains arent accounted for in the contract and its brought to the Judge attention then you loose. My ex was an attorney. Smartone
Reply With Quote
  #40  
Old 10-16-2010, 08:55 PM
h2oskier h2oskier is offline
LawnSite Senior Member
 
Join Date: Sep 2010
Location: San Angelo Tx.
Posts: 602
Quote:
Originally Posted by cpel2004 View Post
No your a wrong, you can have the best wriiten contract however if certains arent accounted for in the contract and its brought to the Judge attention then you loose. My ex was an attorney. Smartone
Wrong read the flippin post genius, he stated that the "included services within contain" exactly what he performed. So in case you think a contract is just a piece of paper better used for toilet paper, bring your contract to Texas and ill eat you up in Court any day of the week. Stick to what you know not what you see on Judge Judy.
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 04:48 PM.

Page generated in 0.09811 seconds with 7 queries