I'm certainly not a lawyer,and this is just my opinion,but unless someone owes you a significant amount of money just let it go and move on.You could probably sue for lost time from work,attorneys fees,etc. but these things often drag out for months or even years so I doubt seriously if,at the end of the day,you'll ever recover enough to make it worth your time.I usually just turn these accounts over to a collection agency.This way you might get SOME money and you can put negative information on the customer's credit report.If they ever want to buy a home or whatever they'll have to clear up their credit first.I realize how hard it is to let these deadbeats win.Good luck.

 

well, i would not be able just let it go. besides, i don't just send the 60, 90, 120's out for amusements sake. i am running a real business here, and not paying must have consequences. like i said, for my own education i want to try, myself, w/out an attorney. i mean, we are not talking about a capitol case here. have you ever tried it before? a small claims case over a $200 dispute could drag out for years?

 

I disagree. Nail them for whatever they owe you, or they will just turn around and do the same thing to the next LCO.

Nothing in small claims court drags on for months or years. The cost is minimal, usually less then $20.00. When we don't get paid, it's called THEFT. Take action, it's your livelyhood on the line.

~Nest

 

I've got a small claims court date set with a deadbeat for march 1st. He owe's me about $250.

It's my first time to sue a deadbeat.

My new contracts for 2004 that all new customers will sign says:

Customer agrees to pay applicable sales & use taxes on all landscaping work. Meier’s Landscape Maintenance will invoice customer for service once per month. Customer agrees to pay each invoice within 23 days of the billing date. A late fee of $29.00 will be added to customer’s account each time that payment is not made by the due date. A finance charge of 2% per month will also be added to all past due balances. Service will be terminated if payment becomes more than 15 days past due and a restart fee equal to the normal mowing amount will be charged if service is re-instated. Customer will pay any additional collection costs incurred by Meier’s Landscape Maintenance. If account is unreasonably past due, but not turned over to an independent collection service or attorney, a fee of $75 will be charged to send each certified mailing and a fee of $450 will be charged if the matter goes to small claims court...these fees are in addition to actual costs. Customer agrees to pay $25 for each check that is returned NSF. Either party may cancel this agrrement at any time without cause by providing _________ days written notice of intent to cancel.


I'll find out if the small claims court will allow the $75 for certified mailings and $450 for small claims court eventually. My gut feeling is that they will allow. My two attorney friends weren't sure if it would be allowed or not.

Later,
DFW Area Landscaper

 

I would go to small claims court if needed. This is the language I use to not go there. If I do not recieve payment or contact from you to make payment arraingments in 30 days from when you receive this notice I will consider all of my legal options to collect this debt. Please be advised that [your state] judges typically award court costs as well as all other cost involved in collecting debts in cases such as this.
This works, I just got a $66 check from a out of state doctor who was going to stiff me because they forgot to tell me they sold their property, and only paid me up to their closing date.
This languuge is not threatoning [which creates a legal issue for you] and lets them know you know how to collect.

 

Well I watch judge Judy and she sais you can only get money due to you plus filing fee in small claims!

 

If you want to go through all of this for the sake of principle more power to you.I'm just saying it's not as easy as you think,especially if you want to collect lost wages and other things.I took a bad check to the local magistrate who in turn sent the customer a very threatening letter.She ignored it and nothing happened to her.I guess I could have taken off from work for a day and probably taken her to court but,to me,it wasn't worth it.
I've dealt with bad creditors many times over the years and I believe that about all you can do is take them to small claims court,and collect basically what they owe you(if you think it's worth it) or mess up their credit.

 

It would always be worth it to me to get my earned money. These people keep ripping others off because alot of people feel its just not worth it to go to court, so they continue to get away with it. There is nothing i hate worse than a thief, and i will bust them down every chance i can get.

 

Cancel their service and knock on their door every night about 8:30 till they pay. If they aren't home simply leave you card at the neighbors house and ask if they will tell them to call you. May take a few times to catch up to them but when you do they will pay.

 

Or I guess you could hide in the bushes! LOL

 

90 day? 120 day? Before they get to 60 with me, they get a letter telling them the next thing they get will be a summons to Small Claims. It costs about $35 here to file and have them served. That is recoverable along with whatever they owe. After court sessions, the credit bureau reps pick up the lists of judgments, so the deadbeat's credit will be "adversely affected." If ye non-paying customer doesn't know that, it's in the letter I send.

Result? Have only had to actually file once, got paid before court date. All others have paid after receiving notice of my intent to file. But if I ever do have to go "waste a day sitting around in court," I will do it with pleasure. My cut-off (which of course I don't tell my customers) if owed about $60 or less, I won't bother actually filing.

It should go without saying, this terminates the business relationship.

 

allstar wrote:

I'm certainly not a lawyer,and this is just my opinion,but unless someone owes you a significant amount of money just let it go and move on.

In a pig's eye! I made a lot of money last year 25, 35 and 45 dollars at a time. It adds up and unless the amount of money owed is less than it costs me to get it back I want it! I have had considerable success (100%) when I have a real collection agency send letters demanding payment.

Set yourself up an account at www.olddebts.com and see how well that works in collecting past dues.

 

I knew someone that took a client to small claims and he won, two years ago and still has never seen dime. Probably never will. I took one to a collection agency, if he doesn't collect, it costs you nothing. He will though, bug the crap out of the client for 3 months. If he doesn't collect, the collection agency can put it on his credit report.

 

All-Star, will you take over my lawn care? Things are tight right now, but I have to get my "grass mowed".

You go get them in small claims court! Stick it on their credit and knock on their door every night!

 

I took two couples to small claims for partial payment, remember they are not paying for a reason....they are sleazy. They will lie blatantly in court. If you don't have all the documentation you need it will be your word against theirs. Make sure you have contract. I now am carrying a disposable camera in the truck. When a question arises I take a picture. You can expect to go to court and have the client say something outrageous like "he didn't mow one week so I didn't pay" If you don't have your work diaries and all ducks in a row you will lose. I lost on a landscaping job based on a phone conversation we had which the client twisted around to mean something totally different. My bad for not having a change order. Second client wanted grass and and a number of other things done which I did. He did not want to pay me to maintain grass said he would water which he never did, refused to pay $250 for a tiny part of the job. Took him to court compromised on $150 better than nothing and you do have the satisfaction of yanking them out of their jobs when you would be doing nothing or maitaining equipment in winter.

 

I am not sure if you guys are aware of this or not but if you have a judgement against someone and they refuse to pay you can go to the sheriffs department and have their paycheck garnished or money taken from their checking account. You will get your money one way or another. I am real carefull on who I choose to work for, it it looks like that they can not afford the service I will not take the job.

 

i agree with RM-why would you ever let somone get away with money they owe you. wether its 50 dollars or 500 dollars ITS STILL YOURS!!!!

 

Without sounding too much like a snotty stuckup rich kid, both my parents are lawyers (and both work for the county, not getting rich.) My dad always refers to the poor (monetarily, not saying they are victims) defendants as judgement proof, you can't squeeze blood from a rock. But if they have money, go ahead and take what's yours.

 

Originally posted by sgrprincees
Without sounding too much like a snotty stuckup rich kid, both my parents are lawyers (and both work for the county, not getting rich.) My dad always refers to the poor (monetarily, not saying they are victims) defendants as judgement proof, you can't squeeze blood from a rock. But if they have money, go ahead and take what's yours.

I dont care if they are poor, rich , black, white, or purple. If they couldnt afford the services, they should have not asked me to do them. They had the intent of not paying from the word go, and i will take them to court to teach them a lesson that im not going to put up with scum. There always a way to get your money. They will garnish wages like dishboy said, so you have nothing to lose by going to court.

 

Read http://www.worldlawdirect.com/article/935/Collecting_on_a_small_claims_court_judgment.html, a quote from it is "Certain property — such as the house in which the debtor lives, any vehicle the debtor needs to get back and forth to work, welfare benefits and social security payments — can’t be taken by the sheriff."
Also read this http://www.dol.gov/esa/regs/compliance/whd/whdfs30.htm. A quote from that is, "The law sets the maximum amount that may be garnished in any workweek or pay period, regardless of the number of garnishment orders received by the employer. For ordinary garnishments (i.e., those not for support, bankruptcy, or any state or federal tax), the weekly amount may not exceed the lesser of two figures: 25 percent of the employee's disposable earnings, or the amount by which an employee's disposable earnings are greater than 30 times the federal minimum wage (currently $5.15 an hour)."
Another problem is that the car a person drives to work, and the house they live in, can't be seized to pay a small claims judgement.

 

I used to work for collection attorneys and I heard one of them tell a debtor the famous "I know you can't squeeze blood out of a turnip", then the lawyer replied, No, but we can sure cut the top off.

 

Richard have you used the old debts products? how did they work for you? Anybody else use this agency?
thanks