Small Claims Court

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

  1. Will P.C.

    Will P.C. LawnSite Senior Member
    Posts: 966

    In Georgia you can file one if you are contractor who provides 'labor' that improves real estate.

    Im not sure where Lush Lawns lives, but it could be different



    This next part is copied and pasted from LexisNexis. This is what lawyers use to research case work and study the law. It is not available to the public at this time. This is from Georgias Code O.C.G.A. ยง 44-14-361.5

    (a) The following persons shall each have a special lien on the real estate, factories, railroads, or other property for which they furnish labor, services, or materials:

    If you do not have a contract, a few hoops must be jumped through, but you still can file one

    To make good the liens specified in paragraphs (1), (2), and (6) through (9) of subsection (a) of Code Section 44-14-361, any person having a right to a lien who does not have privity of contract with the contractor and is providing labor, services, or materials for the improvement of property shall, within 30 days from the filing of the Notice of Commencement or 30 days following the first delivery of labor, services, or materials to the property, whichever is later, give a written Notice to Contractor as set out in subsection (c) of this Code section to the owner or the agent of the owner and to the contractor for a project on which there has been filed with the clerk of the superior court a Notice of Commencement setting forth therein the information required in subsection (b) of this Code section.

    From a legal standpoint, I am a 100 percent right
     
    Last edited: Sep 10, 2010
  2. LushGreenLawn

    LushGreenLawn LawnSite Silver Member
    Posts: 2,123

    I can't do any more than post the facts. The facts are the facts. My excerpt was from the most current edition of Wests Encyclopedia of American Law. Its the exact same excerpt a judge would look at.

    Yes, they were placed at the courthouse because they were not challenged. Had the homeowner filed a civil suit against you for filing a false lien, they would have won. That was my whole point to begin with. I can file a lien against your house Monday morning if I wanted to, but it does not make it legal for me to do so.
     
  3. cgaengineer

    cgaengineer LawnSite Fanatic
    Posts: 15,782

    So my attorney was wrong? All 8 years of college for nothing, damn shame.
    Posted via Mobile Device
     
  4. Georgia Lawn Works LLC

    Georgia Lawn Works LLC LawnSite Senior Member
    Posts: 365

    I should have worded that differently.


    For documentation purposes it would be beneficial to have a police report to give to the court for the incident in question
     
  5. Will P.C.

    Will P.C. LawnSite Senior Member
    Posts: 966


    I do not understand where you pulling 'false lien' from when I just posted the Georgia Code.
     
  6. cgaengineer

    cgaengineer LawnSite Fanatic
    Posts: 15,782

    Our attorney drafted the lien, I filed it. And can assure you that if it wasn't legal to file that the large corporation we filed against would have sued, they didn't. They paid.
    Posted via Mobile Device
     
  7. the ace

    the ace LawnSite Member
    from usa
    Posts: 147

    Write it off. Now for step #2, take one water balloon and fill generously with round-up.....Nagasaki for grass blades! Repeat until the customer does this*trucewhiteflag*
     
  8. calvinslawnservices

    calvinslawnservices LawnSite Senior Member
    Posts: 804

    Lol, That sounds like the best plan of action. I am on the fence of taking him to court, it wouldn't really effect my schedule to much, since I am in school most of the day. Who needs school anyways, :hammerhead.

    I am mostly worried about taking him to court paying all the addition fees and him still not paying, like some of you were saying they filed for bankruptcy or they just don't pay. So he wins again I just spend more money. It would be another $50 to file and everything.
     
  9. LushGreenLawn

    LushGreenLawn LawnSite Silver Member
    Posts: 2,123

    Re-read your post, it specifically says "for the improvement of property" in the code that you posted.
     
  10. LushGreenLawn

    LushGreenLawn LawnSite Silver Member
    Posts: 2,123

    What type of work had you done for them? I'm really not against you CA, im just curious. Its just that I am really familiar with this law, and and the law is pretty universal, written the same almost verbatim in all the states.
     

Share This Page