need help COURT

Discussion in 'Lawn Mowing' started by smarino21, Apr 27, 2006.

  1. smarino21

    smarino21 LawnSite Senior Member
    Posts: 345

    i had a customer (a cousin) who was a little financialy in probs. she owed me 250 i said pay pay i called 3 weeks str8 every day no answer. I thne went to her house and shes liek i get my tax moeny back this and that. Then enough is enough. I went to ehr house and said pay me or were going to court within 5 days if i dont get paid. She never paid after 3 weeks i got sick of it and said screw you . I went and filed for court i get home and theres a ceck for 150 in the box. i said **** now i gotta go to court for 100. Its not worth it. I was thinking bout htis courts next week. what do you think i should do ?????? ( i dont have a signed contract with her) after talkin to a freind in the same bus he says you will still win. Tell your story and let her tell yours and you will win. What od you guys think:/
     
  2. K.Carothers

    K.Carothers LawnSite Bronze Member
    Posts: 1,124

    That's why I never do paid work for family or friends.


    kc

    I hope this is a distant relative,, if not, they are now.


    kc
     
  3. Surf'n'Turf

    Surf'n'Turf LawnSite Senior Member
    Posts: 326

    If you have no contract, you will lose. Its the first thing the judge asks for and that may be after they try to send you to an arbitrator (law student) to see if you could settle the dispute before going in front of his honor. If she doesn't show up, you win by forfeit. Spend a day there and you'll see some mostly service businesses trying to get paid....appearantly veterinarians get stiffed a lot from what I saw. Every year there would be 2 or 3 that didn't pay for whatever reason. I waited until winter time to go when it is slow and only once had the other party actually show up to fight. My record is 100% out of the dozen or so claims I made over the years. anyhow, I doubt its worth the trouble for a hundred bucks. My guess is you'll most likely get paid if she wants or cares to save face.
     
  4. topsites

    topsites LawnSite Fanatic
    Posts: 21,653

    Well now you got paid, right?
    I mean, come on... Would you have even ran to the clerk's office to file suit had you had the check a few hours earlier?

    Not to be cute but I would first see if the check clears, but so long it does...

    First time in court might just be a pre-trial but once you get to your actual trial, I'd ask the judge to please dismiss the charge.
    Or just tell the judge, look sir, I did file the charges but I got the money later that same day and I would reverse history if I could, but now I'm here and my friend is here and this is all an unfortunate bit of a mistake, heh...
    Yes, seriously.

    So long the check clears, case dismissed.
    Fair is fair, speak the truth and you will win not the case, but in other ways.
     
  5. sheshovel

    sheshovel LawnSite Fanatic
    Posts: 5,112

    She's your cousin..give her a break!Thats what you get for dealing with family.Now eat it.
     
  6. HOOLIE

    HOOLIE LawnSite Gold Member
    Posts: 3,981

    She sent $150...you think she might send the other $100?? Certainly possible.
     

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