Lawn customer had me arrested for one of the dumbest most rediculous reasons

Discussion in 'Lawn Mowing' started by Eddie B, Sep 3, 2005.

  1. Eddie B

    Eddie B LawnSite Senior Member
    from gone
    Posts: 859

    Got a notice in the mail, there was a warrant for my arrest for "criminal myschief". Apparently I hit a customer's car (I apparently hit it with my truck) and they filed a claim. It makes no sense to me whatsoever. They said I bumped into the car and took off fast. Can't wait to go to court for this one. Funny thing is, theres a no contact order and the last cut was to be billed by this week. :realmad:
  2. lawnwizards

    lawnwizards LawnSite Silver Member
    Posts: 2,434

    well, did ya? huh huh? did ya? :waving:
  3. Eddie B

    Eddie B LawnSite Senior Member
    from gone
    Posts: 859

  4. sheshovel

    sheshovel LawnSite Fanatic
    Posts: 5,112

    Better take pics of your vehicle and trailer to show the judge no damage,also let him know the customer did not contact you about getting your insurance info and dident say a word to you at all.That the 1st you hear about it is thru the mail.That;s highly unusual way to handle things.These customers are trying to scam you.
  5. yrdandgardenhandyman

    yrdandgardenhandyman LawnSite Senior Member
    from midwest
    Posts: 953

    So you have nutcases in Delaware too, huh?
  6. Brianslawn

    Brianslawn LawnSite Silver Member
    Posts: 2,004

    what has this country come to? :help:
  7. dfor

    dfor LawnSite Senior Member
    Posts: 821

    It does sound like he is trying to pull something. Why he didn't call you first is bizarre. Have you ever had any other problems with the customer before this?
  8. GrassBustersLawn

    GrassBustersLawn LawnSite Senior Member
    Posts: 983

    Countersue them for false arrest.

    My contract with customers specifically states that the customer give "Grass Busters or their agents permission to be on the property as needed." That eliminates "nut cases" trying to say you trespassed.

    Definitely stand up against this CRAP. Do they have a witness saying YOU hit their car?

  9. topsites

    topsites LawnSite Fanatic
    Posts: 21,653

    There is a no contact order and from what I gather this means there is some non-payment issue and thus it is not unusual for a customer owing money to take this route as push comes to shove.

    Now take some facts into consideration:
    - In Virginia, there MUST be witnesses to damage occurred (sp?), although people can file suit without said witnesses, chances of them winning are slim to none. Conversely, in Idaho (and Utah?) there need not be any witnesses and the chances are ~50/50.

    So, I mean, if only THEY saw you do it ... It's even MORE possible they did NOT see you do it and NOW *AFTER* you put out a 'no contact order' suddenly they SAW damage... Ultimately this can also result in both cases dismissed due to prejudice (not a black vs. white thing but where two parties are fighting and it never ends, the judge dismisses BOTH, a case which would result in YOUR collection efforts being null and void AND they may be able to use this clause from their end and this may not be possible in DE, it is a VA clause).
    You MIGHT go take a look at their car (perhaps do it when they're not home) and see if 1) there exists damage, and 2) if you could have caused it, then 3) Check for paint marks of THEIR car on YOUR trailer AND paint of YOUR trailer on THEIR car ... but you need at least know the color of the car, heh ...
    Yes I know you say you didn't do it but checking likely wouldn't hurt, at least it gives you an idea of what they are talking about as well.

    And this is the reason why I do NOT like contracts and the law, not to say your method is no good but it has this way of backfiring, hence the handshake has its advantages but each case is different and nobody is perfect.
  10. topsites

    topsites LawnSite Fanatic
    Posts: 21,653

    Couple of things:
    Again I hear the witness part BUT you do NOT want to ask THEM anything at this point because to do so only gives them more fire to fight with. The suit has already been filed so there isn't much to be done other than you want to leave them alone because anything you say they can use against you: As an example, you go ask them if they have witnesses and suddenly the day you show up in court, they HAVE a witness (sorry, didn't mean to open that can of worms but it sounds like dirty play to begin with).
    Second of all, IF they have a witness, said witness MUST be unrelated to them. A neighbor is usually ok in this case but Husband + Wife does NOT work because husband + wife are working towards the same goal so again do NOT ask or say anything to them because if they are assuming that husband + wife is good enough then let them assume whatever.

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