Small Claims Court

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

  1. cgaengineer

    cgaengineer LawnSite Fanatic
    Posts: 15,782

    Land surveying, boundary survey and engineering drawing.
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  2. Will P.C.

    Will P.C. LawnSite Senior Member
    Posts: 966

    In Georgia, labor is considered 'improving' property.

    I have no idea why you want to argue with me when I stated the facts.

    If you are hired to move rocks off someones property, and they do not pay than you put a lien on the house.

    Same with cutting grass.


    The problem is that it cost about 50 dollars to file the papers, and usually you need to pay an attorney to draft one up.

    75 dollars is pointless, but 2,000 this is a necessary step
     
    Last edited: Sep 11, 2010
  3. LushGreenLawn

    LushGreenLawn LawnSite Silver Member
    Posts: 2,123

    Where does it say that labor means improving property. Post the code to back it up. "Labor to improve property" means that you can file a lien against labor used to improve the property. So, labor to plant a shrub, and the cost of the shrub itself.

    If the labor does nothing to improve the property, you cannot file a lien against it.

    I am done with this thread. I have posted facts, and no one can post a code or summary from an accredited legal reference book to dispute what I said. Anything without references to back it up is opinion.

    Everything I posted I backed up, and even the code that you posted backed up my stance. If were in front of a Judge right now,based on these posts, I would win, hands down.
     
  4. cgaengineer

    cgaengineer LawnSite Fanatic
    Posts: 15,782

    Mowing a property is an improvement. Please call an attorney in GA to find out for yourself.
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  5. cgaengineer

    cgaengineer LawnSite Fanatic
    Posts: 15,782

    Here is another:

    http://constructionliens.uslegal.com/state-laws/georgia-lien-law-summary/

    GEORGIA CONSTRUCTION LIEN LAW SUMMARY
    Note: This summary is not intended to be an all inclusive discussion of Georgia’s construction lien laws, but does include the basic provisions.

    What statues govern the “creation” of a Mechanic’s Lien on Real Property in Georgia?

    Georgia Code §§ 44-14-361 and 361.1 govern the creation, recording, notice and filing of Mechanics and Materialmen Liens in Georgia.

    Who can claim a Construction Lien on Real Property in Georgia?

    Ga. Code § 44-14–361 very broadly defines the persons who can claim a lien on real property in Georgia:

    All mechanics of every sort who have taken no personal security for work done and material furnished in building, repairing, or improving any real estate of their employers; All contractors, all subcontractors and all materialmen furnishing material to subcontractors, and all laborers furnishing labor to subcontractors, materialmen, and persons furnishing material for the improvement of real estate; All registered architects furnishing plans, drawings, designs, or other architectural services on or with respect to any real estate; All registered foresters performing or furnishing services on or with respect to any real estate; All registered land surveyors and registered professional engineers performing or furnishing services on or with respect to any real estate; All contractors, all subcontractors and materialmen furnishing material to subcontractors, and all laborers furnishing labor for subcontractors for building factories, furnishing material for factories, or furnishing machinery for factories; All machinists and manufacturers of machinery, including corporations engaged in such business, who may furnish or put up any mill or other machinery in any county or who may repair the same; All contractors to build railroads; and All suppliers furnishing rental tools, appliances, machinery, or equipment for the improvement of real estate.

    Please prove to me how mowing a property is not improving the real estate. Then tell me how a lawn care company is not furnishing labor.
     
  6. cgaengineer

    cgaengineer LawnSite Fanatic
    Posts: 15,782

    What part of labor and improving real estate don't you understand Lush? Both are a part of lawn care services.
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  7. Will P.C.

    Will P.C. LawnSite Senior Member
    Posts: 966

    You really have a thick head when you are wrong.

    In college, I did a major cleaning job for large property. I did not add any plants or permanent landscape. In fact, I took some stuff away, but it improved the house. The couple never paid so I put a lien on the house for 1500.



    They ended up paying me money. This tells me 2 things.

    You have no clue what you are talking about.

    You will not admit when you are wrong.

    I have already posted the codes from NexixLexis which is the most reputable source out there.

    Maybe in your state it is different, but you should at least knowledge that in Georgia you can file one if you do something to improve the property
     
  8. LushGreenLawn

    LushGreenLawn LawnSite Silver Member
    Posts: 2,123

    OK. The LEGAL definition of improving real estate is, verbatim, from an accredited dictionary of american law (from wests encyclopedia of american law, ver 2.)

    Improvement
    n
    A modification to real estate that increases its value.


    Mowing a lawn is not improving real estate because it does not improve value. It has to improve value. I have studied this extensively in the past. I am not stubborn for being wrong, i am being stubborn because I know I am right. Every time you post that code, you are backing me up. Your posting code that says one thing, and then your saying another.

    Again, you can file a lien in the court of law, even one written by your attorney, and file when it does not apply. I could go to your states courthouse right now, and if I had all the correct information, file a lien against your house.

    I understand you had a major corporation pay after you filed a lien. Thats great, that just means someone at the company did not send it to their legal department if they had one, and they did not sue you. They may not have know that they could. People are people even at corporations. In all likelihood, if they had, all they would have won was the amount owed, and it may not have been worth it for them depending on the amount, because they would be responsible for their own legal fees.
     
  9. LushGreenLawn

    LushGreenLawn LawnSite Silver Member
    Posts: 2,123

    Are you messing with me now? read your last line. Thats what I have been saying in all my posts!. You can file a lien IF YOU SO SOMETHING TO IMPROVE THE PROPERTY.
     
  10. LushGreenLawn

    LushGreenLawn LawnSite Silver Member
    Posts: 2,123

    Hey....I just want to add, that in the case you describe above.... that you would be right in filing a lien. If you removed plantings in such a way that it was permanent, and could demonstrate in court if challenged that removing the planting improved the property value (not very hard at all, removing any unsightly permanent structure structure would by default) that thats an improvement.

    The thing is, mowing a lawn, overseeding a lawn, aerating a lawn, trimming shrubs, ect is not legally an improvement. Sure, they might help resale value for a period if time, but they are not permanent. I know i'm bring picky here, but I have a law backround, and little details count.
     

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