Small Claims or Collections

Discussion in 'General Industry Discussions' started by Patriots, Jul 24, 2005.

  1. Patriots

    Patriots LawnSite Member
    Posts: 185

    I also have a dead beat landscape contractor that hired my company to do the Weekly Maintenance on a commercial install job he did. Long story short, he owes me $800.00, before the charges for workman's lien is placed against the property. Is is best to call a collections company - or file small claims.

    Thanks.
     
  2. sheshovel

    sheshovel LawnSite Fanatic
    Posts: 5,112

    Get all your records together and file a small claims against him,also if you have his contractors licence # you should report him to the state contractors board.and tell them what happened.They can fine him and pull his licence untell you are paid in full and he has given them proof of that.
     
  3. Patriots

    Patriots LawnSite Member
    Posts: 185

    I like that.
     
  4. Ric

    Ric LawnSite Fanatic
    Posts: 11,957


    Patriot

    What you might like better is contacting the owner of the commercial property first. You could end up with a better price to take care of the property plus getting paid with out any expense of either court or a Collection Agency.
     
  5. LawnProfits

    LawnProfits LawnSite Member
    Posts: 7

    Not sure about Texas, but in Virginia you can file a 'warrant in debt' at the county courthouse. It costs nothing but a little time. Then the courts go after him and as long as you can prove he owes you, then he will be given a certain period of time to pay or face jail time.
     
  6. olderthandirt

    olderthandirt LawnSite Platinum Member
    from here
    Posts: 4,900

    Legal advise on this forum is useless! all states , counties, and towns have differnt laws pertaining to small claims court ,liens and collection practices. Hire an attorney 1 time to offer advise so that you will know in the future what and when to do it
     
  7. Patriots

    Patriots LawnSite Member
    Posts: 185

    I have contacted the owner - tax records show it to be appraised at 4 mil. He told me he would have the problem taken care of by the end of the day, that was 3 weeks ago - now he doesn't bother to return calls. He was pretty pissed about the quality of the install, which sucked, and that the maintenance was sub contracted. Left him a message on Thursday that he had one more week before I would file a lien, haven't heard from him since.
     
  8. SproulsLawnCare

    SproulsLawnCare LawnSite Senior Member
    from IN
    Posts: 365

    An $800 lien against a 4Mil property is probably not going to bother the owner too much. especially if the owner doesn't have any intentions to sell any time soon. A lien against the property is definitely a good last resort, but I think I would use a more aggressive approach than that if you are interested in getting your money quicker. It may be several years before the property sells and you are able to collect the lien.
     
  9. sheshovel

    sheshovel LawnSite Fanatic
    Posts: 5,112

    Who are you to say our advice is useless?
    All small claim courts are basic and the same in all states and all State contractors licence boards will disipline their contractors licenced by the state for not meeting their financial obligations to sub-contractors,suppliers,and customers.
     
  10. olderthandirt

    olderthandirt LawnSite Platinum Member
    from here
    Posts: 4,900

    Better reread what I said
    So you think that its good to give and recieve legal advise from lay people, Good Luck! In my state its illegal for the president, owner or operating officer of a company to act as his own attorney in small claims court. Which means that you can not practice law if you are an owner. We have 60 days to file a mechanics lien in 1 county and 90 in another. One is from the last day work was performed the other is from the last time invoice was sent. That in only 1 state and only 2 counties. I stand by my original statement.
     

Share This Page