Fl theft of services law?

Discussion in 'General Industry Discussions' started by Frontier-Lawn, Jun 29, 2006.

  1. Frontier-Lawn

    Frontier-Lawn LawnSite Silver Member
    Posts: 2,949

    is there a law in fl that i can have a client arrested for not paying and that is 3 months past due? promises to pay and never does.
     
  2. MMLawn

    MMLawn LawnSite Gold Member
    Posts: 3,569

    Failure to pay the lawnmonkey is a civil matter, not a criminal one.
     
  3. Frontier-Lawn

    Frontier-Lawn LawnSite Silver Member
    Posts: 2,949

    well lets hope she pays and then bounces the check. i want her in jail for my wasted time!!!!!!!!!!!!!!!!!1
     
  4. MarcSmith

    MarcSmith LawnSite Fanatic
    Posts: 7,157

    Frontier...

    file a mechanics lein, basically put the house in hoc, and then got to small claims get the judgement for your late fees, money owed, time lost for legal stuff. win your judgement, get your 18% mandated interest and just wait. in FL, when I lived there a mech lein is good for 7 years and it can be renwed 2 times up to 21 years before you have to set foot in a courtroom again. House can not be sold refinances or title deeded to any one else with out the lein being paid.

    A boucned check as bad as it is wil not get much of a looksee from the law men...unless it is a very significant amount...

    18% is a good return on your cash...
     
  5. General Landscaping

    General Landscaping LawnSite Senior Member
    Posts: 801

    What is the process for filing a lien?
     
  6. topsites

    topsites LawnSite Fanatic
    Posts: 21,653

  7. lawnman_scott

    lawnman_scott LawnSite Fanatic
    Posts: 7,547

    We have a theft of services law, but it wont apply. I tried that route, pray for a bad check, then you are in complete control. The satisfaction of having a bad check and knowing what you can do with it is almost better than having cash.
     
  8. MarcSmith

    MarcSmith LawnSite Fanatic
    Posts: 7,157

    but you don't need a bad check....its just icing on the cake so to speak.

    I did it back in the mid 90's I had to get the legal property description, which is usually in the county comptrollers office, and then get a notarized document describing the debt, and then you have to record it. Recording it cost only about 15 bucks.... 10 years ago....The first one I did took a bitlonger as It was a learning process, I spen about 1/2 a day making sure it was perfect....I was suprised how easy it was to put someones house on the ropes...even with out having a judgement against them....
     
  9. lawnman_scott

    lawnman_scott LawnSite Fanatic
    Posts: 7,547

    You needed nothing in writing such as a contract, and their was no court appearance?
     
  10. MarcSmith

    MarcSmith LawnSite Fanatic
    Posts: 7,157

    WhenI filed the lien I did have a signed contract and a description of the debt. They did not ask to see a court order or a judgement. (which was the scary part). Ithave changed in rescent years. but I was suprised once I did the process how easy it was. Yes it took a couple hours, But I had typed up the letter and hadd all the information, except the legal property description was left blank. and when I got to the comptrollers office I printed in the legal description, left the office went to he bank got it notarized and then went back to the comptrollers office and filed the lien, made copies of it all and sent copies to the debtor....Kep one for my record, and I included the copies of the lien in my court documentation which I filed the same day.
     

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