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Robbed by phone please help?

Discussion in 'Stolen Equipment' started by lawnpropm, Oct 13, 2010.

  1. mrealty

    mrealty LawnSite Member
    from Georgia
    Posts: 46

    What to do depends upon what your time is worth. I could have earned 5 times that amount in the time it would take me to pursue a non paying customer in court.

    Also, just because it's small claims court does not mean you don't need an attorney. You can rest assured that if the other party has money, they will be bringing an attorney to court to represent them. Then what will you do? Believe me, you don't want to go up against a seasoned attorney even with the best of documentation. 3 things you can be absolutely certain of:

    1. The other party will counter sue (not that there has to be much or any merit at all...it's just a strategy to wear you out, distract your attention, and increase your out of pocket attorney fees due to your attorney having to spend more time on the case).
    2. During the discovery period (yes, there is discovery in small claims) you will be asked by the other attorney to produce your last 3 years income taxes, where the other attorney will have weeks to review your numbers and your business. Sure you want to do that?
    3. If they bring an attorney and you bring an attorney, you are going to spend a minimum of $2,000+ to a trial attorney *if* it goes to trial.

    p.s. I am not an attorney, and I strongly suggest you at least pay a reputable attorney for a consultation. Ask him about the 3 things I mentioned above. Best wishes.
  2. sehitchman

    sehitchman LawnSite Senior Member
    Posts: 777

    He is trying to sell the property, he hired you to improve the property. He refuses to pay, file a contractors lein on the property. He will not be able to sell it until you settle, or get paid and remove the lein. Forget all of the lawyer stuff, not worth it.

  3. lawnpropm

    lawnpropm LawnSite Senior Member
    Posts: 579

    Yes he is trying to sell the property but a guy told me that a lein wouldn't really help much and I couldn't understand why.
    Posted via Mobile Device
  4. mrealty

    mrealty LawnSite Member
    from Georgia
    Posts: 46

    If I were you, that's what I'd do. Skip court - chances are high you'll lose money going that route. Go the workman's lien route. You should at least pay an attorney $100 for a consultation. He will at least tell you how to go about the process of filing a workman's lien. There's a bit of paperwork and deadlines involved, but if you want it bad enough you'll have to keep up with all the filing deadlines.
  5. lawnpropm

    lawnpropm LawnSite Senior Member
    Posts: 579

    Speaking of the lein idea its great bc he has the property on the market so I am filing judgement and the lein $80 fee
    Posted via Mobile Device
  6. treadlite

    treadlite LawnSite Member
    Posts: 137

    spend a little money on a real lawyer, get the real facts, not the opinions of the people here who dated a lawyer once or saw one on TV.

    A lawyer will know the proper procedures and the local laws. As much as we all dislike them, lawyers occasionally have a use....
  7. lawnpropm

    lawnpropm LawnSite Senior Member
    Posts: 579

    Heck all the lawyers that I have talked to have told me to go to civil court. Pretty much like they don't feel like working I guess
    Posted via Mobile Device
  8. h2oskier

    h2oskier LawnSite Senior Member
    Posts: 601

    No it's just that they charge more than the whole case would be, so they are telling you to file in small claims court to save you time and money. Also they know that when you see how simple it is to get this done, you're going to wonder why you spent the money on them in the first place. And to the critic to thinks that everyone on here is just a lawn person, my bar card is still current.:waving:
  9. lawnpropm

    lawnpropm LawnSite Senior Member
    Posts: 579

    Bar card wow, I majored in business management and had one business law class it seemed pretty interesting do you think as a business owner I should maybe take some additional business law classes. With this economy I can see a chance something like this may happen again.
    Posted via Mobile Device
  10. humble1

    humble1 LawnSite Silver Member
    from MA
    Posts: 2,499

    lawn pro- do you have any lawyers for customers? Is there one in town that might represent you in trade for services?

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