3 months still no payment

Billy Rollins

LawnSite Member
Location
Barrington
Hi I did a cleanup and mowing job 3 months ago for a trailer park with a signed contract. This is a co op park and I signed the contract to do the work 3 different times throughout the Season. It was approved by the board, but 2 weeks later a new board took over and the work was done and now they won’t past. They did say they would pay me $225 of the $490 and I said no way. What should be my next move to get what’s owed to me. I had 2 helpers and for the 7 hr job payed each one $100 so no way did I do all that work for $25 myself . Help​
 

hal

LawnSite Fanatic
Location
Georgia
Demand letter
 

AlohaMowing

LawnSite Senior Member
Location
Hilo, HI
So the total payment was to be $490, the new board offers $225, which would leave you $265 short. The questions for you to ponder are:
  • How much trouble and expense are you willing to go through to get $265?
  • Would you want to try to hold this trailer park to the contract for the 2 jobs not yet done?
  • Would your contract actually be enforceable, would it allow you to recover legal expenses and costs of collection in addition to damages, and would you even be able to collect a judgement from the trailer park?
  • If this dipute ended up in court, would there be anything about the employment of the two helpers that could cause a problem if it is disclosed?
There is value in demanding that customers keep their side of the deal, but there is also value in putting a bad transaction behind you in order to avoid continuing stress and to spend one's time making money on new jobs rather than trying to collect on past jobs. I do not see a one-size-fits-all right or wrong answer, what you decide will depend on your own situation. Small claims court can be a good place to deal with such issues. If you go very far down the path toward small claims court you may find the offer of $225 is withdrawn.
 

BigJlittleC

Banned
Location
Chicago
Your first step is sending a formal demand of payment.

I would then check and see what your local regulations allow for either smalls claims, Lein rights, theft of service, etc.. Usually a strongly worded letter is all that is needed to get them to pay. If you can get a lawyer to send it makes it even better.

The few times I've been in this type of situation the demand letter on my lawyers letterhead was enough to see a check shortly after.
 
OP
B

Billy Rollins

LawnSite Member
Location
Barrington
Yes have sent several request for payment and proof of contract. They said this past week that they were having a meeting and the president of the board said she would let me know how the meet about my payment went and haven’t heard nothing back.
 

Top