commercial account help! they dobt want to pay

Discussion in 'Business Operations' started by GreenscapesWV, Feb 13, 2013.

  1. GreenscapesWV

    GreenscapesWV LawnSite Member
    Posts: 65

    Looking back on their company review on kudzu there are 15 bad reviews out of 17 from people living or lived in their apartments.
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  2. KeystoneLawn&Landscaping

    KeystoneLawn&Landscaping LawnSite Senior Member
    Posts: 774

    I'll second that statement!!!
     
  3. clydebusa

    clydebusa LawnSite Bronze Member
    Posts: 1,660

    This could be true, but in the construction business it is the opposite. Homeowners as a rule have no idea what things cost. So commercial is the only way to go.
     
  4. sehitchman

    sehitchman LawnSite Senior Member
    Posts: 758

    After many years of business, I've come to realize that many companies act like this as a business practice. They figure two things.
    1. You need the money bad enough that you will accept the 30% offer
    2. You are small time and do not have the deep pockets to follow through with the legal process to get your money which may take a couple of years.
    3. Your attorney may suggest taking the settlement for the same reason. That a prolonged court battle will ramp up your fees and then he has a difficult time collecting from you.

    I had a business partnership that desolved years ago. The daughter of my deceased partner (who was married to an attorney) told me flat out, that we will keep you and your attorney in court with continuances until you are to broke to ever see this through to get your money. I was young and stoopid and after a couple of months settled for about twenty cents on the dollar. I still kick myself today when I see things like this. Rockford is not to far from Chicago, "u want cousin guido's number"? JK I'm pissed just reading about this stuff.

    PS: I think the lein is the way to go.
     
  5. Crimson Lawn

    Crimson Lawn LawnSite Senior Member
    Posts: 319

    Here is somewhat a legal question.
    Since there was a signed contract with terms of payment for services rendered, who is in breech of contract? Them for not paying with a notice from you stating services will be stopped until full up to date payment is received or you for stopping services?
    That will be their argument that you stopped services.
    They are wrong for not paying you or paying beyond the terms set, agreed and signed. Therefore breeched the signed contract.
    You are past legal threats, place the lien and move on and never do business with them again.
     
  6. GreenscapesWV

    GreenscapesWV LawnSite Member
    Posts: 65

    What kind of lien and has it been too long to place a lien? What happens after the lien?
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  7. sehitchman

    sehitchman LawnSite Senior Member
    Posts: 758

    Who can file a West Virginia mechanics' lien Claim?

    Contractors, subcontractors, sub-subcontractors and suppliers have West Virginia mechanics lien rights. Any person who, under a contract with a general contractor or a subcontractor for a part of the work, and who may furnish materials or other necessary supplies or equipment, shall have lien rights in the state of West Virginia. Architects, surveyors, engineers and landscape architects also have West Virginia mechanics lien rights.

    A West Virginia mechanics lien notice must be served upon an owner within 100 days of the furnishing of the last materials, work or services. The 100 day time requirement applies to suppliers as well.

    A quick search just showed a company that will file the lein for $280 each. Keep in mind you will need to file one on all four properties. Hopefully you have your invoices broken down showing itemized billing for each one. Just a thought, there surely is a property owner for each property being managed by the scum prop mgt co. You might go to the clerk of courts and check the name of the property owner, unless you know. Give them a personal call and put the pressure on them to get their prop mgt company to pay you. Or your only recourse is to lein their property. Just might work.

    You can go to the county clerk of courts and file the mechanics lein on your own, just make sure you have detailed billing for the property and line up your witnesses. Have them write a statement now, before they move or forget what work you did last year.
     
    Last edited: Feb 13, 2013
  8. GreenscapesWV

    GreenscapesWV LawnSite Member
    Posts: 65

    It has been past 100 days since last serviced. It was may 2012 lasts services provided. So I can't so the lien I'm assuming.
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  9. sehitchman

    sehitchman LawnSite Senior Member
    Posts: 758

    Almost a year, I'd take the offer and run. Anything else is just going to be dragging it out, and unless you have the resources to fight, you may only get the 5k or nothing but legal fees to your attorney. Depressing for you, that is big dollars to leave on the table.
     
  10. GreenscapesWV

    GreenscapesWV LawnSite Member
    Posts: 65

    Do you guys think I should pay the attourney fees and proceed or counter offer and see if they will come up some and take the money?
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