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Should i Sue?

Discussion in 'Business Operations' started by Chuck Sinclair, Jul 9, 2002.

  1. Chuck Sinclair

    Chuck Sinclair LawnSite Senior Member
    Posts: 336

    I had a customer that was on a yearly contract, and the contract clearly states 30 day written notice is required by either party to cancel.
    They canceled with only 5 days notice, should i sue for the $350.00 (30 days) i should have gotten from them? i know i would win because of the contract is legal and binding.

    Went by there today and the place looks BAD!! :D

    I should have said this before it is a commercial account (Mini Storage)
  2. HBFOXJr

    HBFOXJr LawnSite Bronze Member
    Posts: 1,712

    AS long as you were not screwed out of anything they might owe for work already performed don't frustrate yourself over 25 days work on a little job. They are allowed to cancel. Maybe they canc eled because they can't pay. So maybe they didn't screw you.

    Always ask your self a Marine type question. Is this the hill I want to die on today? And the answer is almost invariably, NO!
  3. Whats their financial situation-you might win but if they are out of work, or going bankrupt it may be wasted effort.
    If they just won't pay small claims is pretty simple. Also, in colorado winning in small claims allows for a judgement lien against the property. Its good for 7 years and will earn interest, also makes it hard to sell or borrow money.
    Guess it depends on how bad you want to prove your point.
    Nolo publishing has info for some states small claims courts.
  4. Stonehenge

    Stonehenge LawnSite Bronze Member
    from Midwest
    Posts: 1,277


    Don't sue. Not worth it. Not by a mile.

    LAWnENFORCER LawnSite Member
    Posts: 65

    You might consider sending a collection letter by certified mail. The letter would basically say that they will be sued if they don't pay. If you have an attorney, get him to send the letter on his letter head.

    I don't think I would sue for $350, but see if they will call your bluff.

    Good luck

    Central TX
  6. B. Phagan

    B. Phagan LawnSite Member
    Posts: 95

    Consider strengthening your agreement to preclude 30 day cancellations........lots of options for termination and 30 days is the worst! May want to check my site at www.greenindconsulting.com for Business Booster Books. I hear they are pretty good!

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