Advice Wanted

Discussion in 'General Industry Discussions' started by PLM-1, May 13, 2005.

  1. out4now

    out4now LawnSite Bronze Member
    from AZ
    Messages: 1,796

    Ok see where this is going on the charges now and yes, you goofed. Like mtdman said no contract in hand, you got nothing to stand on. He said, she said. If you get your money out of it I'd be suprized.
  2. PLM-1

    PLM-1 LawnSite Bronze Member
    Messages: 1,640

    She called me and said she would pay....but says she didn't confirm it. She confirmed it when she said OK on the phone and confirmed it when she didn't call me back, or stop me when i was there. then call days later and act like i'm some jackoff idiot and don't know what i heard.

    This is the first time my process has "flawed" in 5 years.
  3. mbricker

    mbricker LawnSite Senior Member
    Messages: 505

    What's your small-claims court where you live? Here an lco can file in small-claims and the debtor will be issued a summons,which they have to respond to or be cited for contempt. If a judgment is rendered against the debtor, the info will be picked up by the credit bureaus. This is generally much more costly than a measly mowing bill, so most people pay even before going to court.

    In your situation, the weak point is whatever proof of your claim you can present to the court. Is there anything in writing? If you have copies of anything you sent, a copy of an estimate, even if not signed by the customer, that can help your case.

    When I used small-claims, it always was to get money from a customer that I had a work history with, and I could present a record of work and payment prior to the work I did not get payment for. That was considered sufficient evidence that a verbal contract had existed.

    I never had a written contract with a customer. That is quite rare in this area, except for large commercials, and landscaping installs.

    You might just have to eat this one.
  4. Lnd Svyr

    Lnd Svyr LawnSite Member
    Messages: 33

    Hmmm. Not that I condone it, but I bet roundup would make pretty neat crop circles in a lawn. Happens to farmers all the time. Obviously, if she said she would pay and now is not going to pay, she's a user, using you. It's like that tiny little difference from the Bible about bearing false witness and lying. Most people confuse that. Nothing wrong with lying at times--but, bearing false witness, now that's breaking a commandment (if you believe in that stuff). Anyway, users are like those who bear false witness, meaning, they have no regard for their fellow human beings. She sounds like a user.

    I have let users and deadbeats enrage me in the past and all it gets you is stressed out, that much closer to the Big One, Elizabeth. As some are saying, we no longer work without a contract and most times we get half up front (not talking about $45 jobs) or enough up front and payments to keep us in the black. We are not in the financing business.
  5. Charles

    Charles Moderator Staff Member
    Messages: 8,954

    I would never put late charges on mowing customers. You just tic them off that way and you will never get paid. Credit card companies can get away with that because they can ruin your credit if you dont pay them
  6. mtdman

    mtdman LawnSite Gold Member
    Messages: 3,143

    All that means is it's the first time the flaw has come up. If you don't have a confirmation in writing, or in person face to face, you don't have anything to stand on. All she has to do is say she never confirmed it with you, never got your phone call, and wasn't home when you cut. You've got nothing that says otherwise other than your word. If you have a contract with her signature confirming your work, you're good. Otherwise, it's he says she says.

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