Ohio And Laws on Late fees

Discussion in 'Lawn Mowing' started by Drew Gemma, Jan 12, 2005.

  1. Drew Gemma

    Drew Gemma LawnSite Bronze Member
    Posts: 1,510

    I met with my lawyer on Monday and did the usual where do we stand what do we need to do for next year deal. This year I want to maximize my late fee charges but still be legal and lawful. So in Ohio unless you fill out a form and disclose your financial information to the public you can charge no more than 2% a month in late fees if you charge based on a percentage. If you charge a flat rate each month then you may determine how much with no regards to the law. Also to enforce this you must either do one of the following. Easy way is to put your terms of payment and late fee charges on every invoice including written estimates. Second which my lawyer suggested each time you obtain a new account hand them a form called a terms and conditions form. This will state you payment methods and fees that apply for pass due accounts. All you have to do is hand it out you don't even need a signature. He suggested that I do both. Small claims court only cost 20.00 to file a complaint against another person but it is still up to the individual to collect. The limit is 5,000.00 for small claims court. In Ohio if you want a person to pay for your lawyer in a court case then they must sign that terms and conditions form and you must state that if you have to go to court to collect money they are responsible for your legal teams cost. I know it is a lot but I wanted to share my info with those I can to help them out cause I pay my lawyer by the hour and he is expensive. He also stated non compete clauses are becoming harder and harder to enforce in court. Usually 2 years or less is considered reasonable plus their must be a form of payment or value to the person signing it. Such as employment or a monetary value because in an indirect way you are limiting a persons chances of making money.
     
  2. riches139

    riches139 LawnSite Senior Member
    Posts: 369

    Thanks for the great info. payup
     
  3. Drew Gemma

    Drew Gemma LawnSite Bronze Member
    Posts: 1,510

    no problem just trying to pass on good information
     
  4. T-Trim

    T-Trim LawnSite Member
    Posts: 204

    Can I charge back fee's. Like the last few month's. I been nice to this woman with the bill , but now I'm mad. And I can't take the B/S she tells me why she can't pay. Well I gotta eat too.
     
  5. T-Trim

    T-Trim LawnSite Member
    Posts: 204

    I'm also located in ohio
     
  6. Drew Gemma

    Drew Gemma LawnSite Bronze Member
    Posts: 1,510

    as long as it is stated on your bill each and everytime you send it. I am at 5.00 a month up to 500 then 2% a month and it is on all bills sent out each and everytime.
     

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