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Old 08-12-2013, 10:44 AM
thom thom is offline
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Small claims court

Have any of you had to take a customer to small claims court for
not paying for your services.
What was the outcome?
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  #2  
Old 08-12-2013, 01:01 PM
MasScape MasScape is offline
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Outcome highly depends on if you have signed maintenance agreement, proposal for installation, and etc. When you take someone to court you are under the burden of proof. Its sad but I have experience taking pretty large companies to court over installations due to them trying to get away with shorting payment or not paying at all.

I would recommend a certified letter FIRST!! Look these up, I sadly know too much about these. It is basically spell everything out and that you wish to have your payment right away OR you will take them to court over it. I also like to add that going to court just wastes both of your time and they will have to pay fees. Attach a copy of the proposal or agreement they signed and SEND CERTIFIED so you have proof they got it. I had a gentleman try to claim he never got it to the judge. Plus judges like to see you try everything you could to collect before taking it to court. I usually give people 15 days to make payment or arrangements with me to pay. This shows people you are serious and usually keeps it out of court. I would try this first. BUT if you do not have signed paperwork, you are pretty screwed when it comes to court. If no paperwork, try to certified letter. If that does not work, then I wouldn't bother with court. I am assuming its not too much money since you are taking about small claims.
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Old 08-12-2013, 01:34 PM
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alldayrj alldayrj is online now
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Im undefeated in small claims
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Old 08-12-2013, 09:18 PM
Weekend cut easymoney Weekend cut easymoney is online now
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You don't need a signed agreement in Texas. Work logs and verbal agreements are ok...judges favor the working man on small amounts....I'd send a nonthreatening certified letter with a bill...most times the certified letter shapes them up
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Old 08-13-2013, 01:24 PM
MasScape MasScape is offline
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Quote:
Originally Posted by Weekend cut easymoney View Post
You don't need a signed agreement in Texas. Work logs and verbal agreements are ok...judges favor the working man on small amounts....I'd send a nonthreatening certified letter with a bill...most times the certified letter shapes them up
You don't "Need" a signed agreement in a lot of places. But I will tell you this, without one, you are rolling the dice in court... I know over little money if I don't know I will win then I let it go. PLUS without a signed agreement with payment terms that state you will take them to court and they are reasonable for court fees, collection fees, and etc. You are out of that money and "If" you win without an agreement then you are out of those fees. Been there done that, lost thousands when I even had a signed agreement with a management company but didn't have the full terms on the agreement that they were reasonable for court costs, collection fees, and etc. The management company didn't even show up to court! So we won easy but then had to pay court costs, lawyer, and had to pay to get for collection of the debt even though I had a judgement against them. That is why we do signed agreements for everything. We have exit terms for clients if they decide they want someone else to service them, they give us notice and we are done. BUT the agreement protects us from being screwed out of payment. Used to never worry much about that till this economy...
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Old 08-13-2013, 02:31 PM
Stillwater Stillwater is offline
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You don't need paper work in my state to be taken to court for theft of services.
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Old 08-13-2013, 03:39 PM
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Colaguy Colaguy is offline
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I have a lil old lady that ripped me for $850 last yr. I have before/after photos+a letter from her after I mailed her (3) letters, admitting I did the work & that she fell on $ hard times & wanted to pay a little at atime. She has paid nothing. Verbal contract & all the neighbors saw me working there.

I'm going to sue her eventually...Theft of Services. No mercy shown to deadbeats!
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Old 08-13-2013, 04:44 PM
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tonygreek tonygreek is offline
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Quote:
Originally Posted by Colaguy View Post
I have a lil old lady that ripped me for $850 last yr.
Verbal contract
I'm going to sue her eventually...Theft of Services. No mercy shown to deadbeats!
You haven't sued anyone, or filed a mechanic's lien before, have you?
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Old 08-13-2013, 04:49 PM
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alldayrj alldayrj is online now
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Lol what are you waiting for?
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Old 08-13-2013, 10:18 PM
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Colaguy Colaguy is offline
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Quote:
Originally Posted by tonygreek View Post
You haven't sued anyone, or filed a mechanic's lien before, have you?

Won a small claims case in Miss once. That person paid up after failing to show up for court. Cannot file liens here before court rules in your favor. Even If I lien, I cannot force her to pay up but she cannot sell whatever I lien until she pays lien off. If she dies, I can collect at probate.
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