what to tell the judge?

Discussion in 'Lawn Mowing' started by Brianslawn, Feb 2, 2006.

  1. Brianslawn

    Brianslawn LawnSite Silver Member
    Posts: 2,004

    im taking a former customer to court for an unpaid bill. the customer claims they gave a former employee of mine cash at the time of each mow (4 times). the employee who serviced that account never turned any money over to me or said anything about it. after dropping the client for unpaid bill for the month, the employee disappeared.

    could this be an excuse from client? did he really give employee cash and employee steal it? is client still responsible to pay me for the month? or am i at fault for hiring a possible thief?
     
  2. grass disaster

    grass disaster LawnSite Silver Member
    Posts: 2,581

    cash is non-tracable

    did he get reciept. if not then what says he payed you?

    i think you would win easily
     
  3. Precision

    Precision LawnSite Silver Member
    Posts: 2,995

    the critical question here is why was the client paying cash?

    Cash gets lost. either by employees or by you (not reporting).
    Not trying to be an ass, but, If I was the judge, I would laugh at you and send you on your way, perhaps with a fine for wasting the court's time.


    If it isn't documented it didn't happen.
     
  4. mcwlandscaping

    mcwlandscaping LawnSite Gold Member
    Posts: 3,164

    Maybe the employee told the client that they should just pay him and hell bring you the money... I dunno, just throwing out my thought
     
  5. Brianslawn

    Brianslawn LawnSite Silver Member
    Posts: 2,004


    probably because the employee told him the same thing she told me. "that she was a devote christian and could be trusted." she probably even said a prayer with him after taking his money. suppose she gave 10% to the church?

    not wanting to turn this into a religous argument. just providing some info on employee so you can determine who sounds more trustworthy.
     
  6. kc2006

    kc2006 LawnSite Silver Member
    Posts: 2,442

    LMAO if this isn't a bobby thread and a half! You getting paid too to make posts to attract attention?

    Judge is going to tell you to get lost.
     
  7. HOOLIE

    HOOLIE LawnSite Gold Member
    Posts: 3,981

    A classic case of their word against yours. Could go either way, you definitely need to bring your employee as a witness for you, otherwise it will just come down to who the judge believes more.

    The customer should've asked for a receipt...
     
  8. HOOLIE

    HOOLIE LawnSite Gold Member
    Posts: 3,981

    Ahhh....I just saw you said "former" employee...better be nice and believable. Maybe give the judge the link to Calendar Girls, can't hurt :p
     
  9. lawnman_scott

    lawnman_scott LawnSite Fanatic
    Posts: 7,547

    People that have to tell you what great Christians they are usually do this type of thing. I would say its a toss up for you. May not want to offer any info on the employee unless you are asked. Saying she disappeared doesnt look good for you.
     
  10. Brianslawn

    Brianslawn LawnSite Silver Member
    Posts: 2,004


    yes. there are many good people out there, but its the ones hiding behind religion as they committ their crimes that upset me the most. good news is, i know the judge outside of court and he knows me well. ive also been before him successfully on several occasions prior. he was also the judge that laughed at the lawyer i sued last year, before ruling in my favor. just wondering if anyone has been in a situation like this before.
     

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