idea for no pays?

Discussion in 'Starting a Lawn Care Business' started by marionlandscape, Aug 2, 2006.

  1. marionlandscape

    marionlandscape LawnSite Member
    Posts: 93

    I have to check the legality of this but here is what I was thinking. I have an apartment complex that owes me over $5,000 dating back from last year and refuses to pay me. they don't make up lies and excuses anymore they just tell me no and can't believe I had the nerve to show up again and ask for my money. so I was thinking of sending each tenant a letter explaining that their complex seems to be having financial difficullties and asking them to each contribute a little to prevent the prusuit of felony theft of services charges on the poor girl in the office that signed the contract. think that would be any motivation?
     
  2. Team-Green L&L

    Team-Green L&L LawnSite Bronze Member
    Posts: 1,776

    Absolutely not! I don't want you to get sued for "professional harassment". You cannot handle it that way. Good thought though if you could.
     
  3. GardnerLandscaping

    GardnerLandscaping LawnSite Senior Member
    Posts: 310

    Not sure on the minimum on small claims court. I'd go that route. Look online for information about how to file and what to file. Ask your county clerk for help. You might also be able to hire a collection agency and/or file a lien against the company. If you write your claim yourself, use simple language and to the point. Judge will go easy on you, especially if the apartment complex sends in a lawyer.
     
  4. Team-Green L&L

    Team-Green L&L LawnSite Bronze Member
    Posts: 1,776

    No min. in small claims. Most states have a max. of $5000, some are only 3K. Call your local Municipal Court Clerk.
     
  5. marionlandscape

    marionlandscape LawnSite Member
    Posts: 93

    I turned them into collections months ago with no luck. and even if I get a judgement against them whats to make them pay. I guess my thought is if they can afford an attorney why couldn't they just pay me
     
  6. GardnerLandscaping

    GardnerLandscaping LawnSite Senior Member
    Posts: 310

    Ya, meant maximum, not minimum. Sorry.

    Good questions. I'd search online to get some answers. Then, ask your local court clerk that handles small claims to clarify local laws as the other person suggested.

    If they're running an apartment complex, the law when utilized should be able to make things more difficult for them if they don't do what they should do and pay up. I don't have much confidence in government, but I think it should still be able to do something in that situation. They're hoping you will do nothing to pursue than make empty threats and phone calls like most collection agencies.

    The difference between you and the business, you don't have to pay anyone to utilize the court system for you. You can do it yourself. Even better, you can easily call to negotiate with their high paid lawyer and run up their legal bill.
     
  7. topsites

    topsites LawnSite Fanatic
    Posts: 21,653

    Not that I'm much smarter because I did a contract once myself, but now at least someone is beginning to understand why it is a bad idea to do commercial contracts as a solo. You will get took sooner or later, and when you do, it's a lot more money than with residential.

    The only question I have is why would you agree to get into this with nothing but an 'office girls' approval?
    Perhaps their failure to pay is their way of saying you had no business there?
    Just a thought, dunno...
     
  8. Team-Green L&L

    Team-Green L&L LawnSite Bronze Member
    Posts: 1,776

    It's not that they CAN'T PAY...They just AREN'T PAYING and that's what matters. A court judgement is enforcable through wage garnishments, property liens, ect. It doesn't really matter who signs it as long as they work for the property. If they signed something without authorization, it's her butt, not yours!
     
  9. Doug Z.

    Doug Z. LawnSite Member
    Posts: 93

    It's all in the contract. What does your contract say about not paying??? What good is a contract if your not going to put things for this situation in them? My contract states that if they dont pay in 30 days, i will put a lein on the property- at their expense. And then I will file suit against them, also at their expense. I also just recently added to the contract that if the payment is not made by the due date, any warranty on the job is voided.

    I used to use a very genaric contract, until I got screwed(over $ 26,000.00 plus attorney fees). The first thing I did was have my contracts rewritten.

    I did have to threaten once about the lein and suit. I recieved payment the next day!!!

    Look at your contract, see what is in it for this situation, otherwise, I think about all you can do is walk a way, and call it a lesson learned.
     
  10. Team-Green L&L

    Team-Green L&L LawnSite Bronze Member
    Posts: 1,776

    I agree, take a course on "contractual law". You can find all of info on the net. It will change your life!
     

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