Small Claims Court

Discussion in 'Starting a Lawn Care Business' started by calvinslawnservices, Sep 9, 2010.

  1. LushGreenLawn

    LushGreenLawn LawnSite Silver Member
    Posts: 2,121

    When your a business, and you do something illegal, its a liability.
     
  2. LushGreenLawn

    LushGreenLawn LawnSite Silver Member
    Posts: 2,121

    This is false. Civil Matters and Criminal Matters are two completely different courts.
     
  3. LushGreenLawn

    LushGreenLawn LawnSite Silver Member
    Posts: 2,121

    I don't have the copy of the law handy, but this is from a respected attorney.

    www.davisbucco.com/docs/LANDSCAPER'S RIGHTS ARTICLE.pdf

    I have read the lawn, and know for a fact that it has to be a permanent structure. Oddly enough, Plants, Edging, and Mulch are permanent structures, but maintenance on landscaping or lawns is not. I really, really, wish it was!
     
  4. blaryslawn

    blaryslawn LawnSite Member
    Posts: 28

    Agreed.... Been there and its not worth the aggrevation or costs incurred. I went through that process, certified letters etc, took off a day, went to court, and have a lein on a guy over about $1000 from back in '04... still havent seen a dime. If they owe you money and wont pay, Im sure there are plenty others they owe, and if you do get judgement on them, and they only owe you 75$, you will have to get in a long line..... ive been in one for 6 years, lol,....

    If you are new to the business, this will happen every so often. its just the nature of being self employed, Ive always found that just bugging the living hell out of them seems to work... heck, i just got a final payment for doing snow removal back in february, but if it were for 75$ the phone calls probably wouldnt have been worth the time
     
  5. cgaengineer

    cgaengineer LawnSite Fanatic
    Posts: 15,782

    Yes.
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  6. cgaengineer

    cgaengineer LawnSite Fanatic
    Posts: 15,782

    I think your respected attorney is wrong, our company attorney typed up the first lien we ever filed for failure to pay for land surveying and civil engineering services. Maybe its different in your parts, but here you can file a lien.
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  7. cgaengineer

    cgaengineer LawnSite Fanatic
    Posts: 15,782

  8. LushGreenLawn

    LushGreenLawn LawnSite Silver Member
    Posts: 2,121

    "It says materials and labor which has improved the property in some way. This is a retype by someone who is not an attorney. The actual law says "materials and labor which has improved the value of the property"

    Just because you have a custom form does not mean you can use it where it does not apply. Landscaping yes, Maintenance no.

    From a legal prospective, I am 100% right.
     
  9. LushGreenLawn

    LushGreenLawn LawnSite Silver Member
    Posts: 2,121

    mechanic's lien n. the right of a craftsman, laborer, supplier, architect or other person who has worked upon improvements or delivered materials to a particular parcel of real estate (either as an employee of the owner or as a sub-contractor to a general contractor) to place a lien on that real property for the value of the services and/or materials if not paid. Numerous other technical laws surround mechanic's liens, including requirements of prompt written notice to the owner of the property and the amount still owed (even before the general contractor has been tardy in making payment), limits on the amount collectable in some states, and various time limitations to enforce the lien. Ultimate, last resort enforcement of the mechanic's lien is accomplished by filing a lawsuit to foreclose the lien and have the property sold in order to be paid. Property owners should make sure that their general contractors pay their employees or sub-contractors to avoid a mechanic's lien, since the owner could be forced to pay the debts of a general contractor even though the owner has already paid the contractor. If the worker or supplier does not sue to enforce the mechanic's lien, he/she may still sue for the debt. (See: lien)

    Heres the legal definition that would be in front of a Judge when he makes his ruling after you get sued for mental anguish for filing a false lien. Its not the law, he can look up more, but probably wouldn't. none of the technical details apply once he sees the word "improvements"
     
  10. cgaengineer

    cgaengineer LawnSite Fanatic
    Posts: 15,782

    Its not a custom form, it was typed up and provided to us in completion by our company attorney. I'd be glad to provide you with his name and number so you can tell him that the 8 years of school he attended they failed to teach him the law. I'm not trying to argue with you, but around here a lien can be placed on property for a service that is unpaid. I have taken 3 to the courthouse in the last 2 years and we had them filed, one paid and the others filed bankruptcy.
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