mechanics lien

Discussion in 'Lawn Mowing' started by HOMER, Jan 21, 2004.

  1. HOMER

    HOMER LawnSite Gold Member
    Messages: 3,183

    I knew better but did it anyway.

    Did a clean out for a real estate company (local) who was managing a foreclosed property for an REO. Did the job for $950.00 and submitted invoice on 12-17-03. No money so far. I call the real estate agent checking status. I was to invoice his company........not the REO.

    I called to check on the status Monday
    " Oh, let me give them a call and I'll get back with you".

    Never did.

    I call back Tuesday and now it's " She never called back so I e-mailed her......should find out soon and I'll call you back".

    Never did.:blob2:

    I called today, Wednesday........"where's the money?"

    "OH.......I got that e-mail back and she said they were doing some accounting changes and it would be late February early March before we would get paid".

    I let him know in no uncertain terms that this was unacceptable. I need my money now and March ain't gonna cut it. I also let him know that my deal was with him.....not the REO......and since he requested that I invoice him he is responsible for payment and that said payment is now 37 days old. He said he would talk with his broker and let me know something this afternoon. At 4:58PM I called him........."Whudja find out?"

    Him."I e-mailed them back and told them I needed to hear from a supervisor.......we should know something in the morning".

    Is it just me or is something wrong here?

    I'm bout to blow an artery, we're not talkin' chump change......not for me anyway. My thoughts are filing a mechanics lien against the property if I don't have a check for the full amount in my hand tomorrow by the end of the day. This won't really affect the local real estate company in any way other than they would be wasting their time showing this dump..........but it might get the ball rolling on the REO's part and for $12.00 it would be a fun excercise.

    Has this worked for anybody else and does the threat of doing such a thing light a fire under some azzes?

    Comments would be very benificial right now cause I just can't seem to let this go. I think my blood pressure is up and I don't even have them kind of problems.
  2. Mark

    Mark LawnSite Senior Member
    Messages: 723

    :) Homer id take it to small claims court, youll get your money youve done the work and sumitted your billing and they don't have a leg to stand on....Thats what i would do, maybe the lien will work, i wish ya the best...If it don't take it to court.......Marks Mowing Service
  3. HOMER

    HOMER LawnSite Gold Member
    Messages: 3,183

    They never said they weren't going to pay............but I ain't one to wait 60- 90 days. The lien was a way to keep them from moving the property......a way for them to see I needed my money.
  4. TotalCareSolutions

    TotalCareSolutions LawnSite Senior Member
    Messages: 518

    For $12 why wouldn't you put the lein on. It only makes sense. I have an associate who is waitig on $750 for the EXACT same thing. I warned him. I will recommend the lein to him as well.
  5. HOMER

    HOMER LawnSite Gold Member
    Messages: 3,183

    I'm hoping the threat of placing the lien will do the trick but like you said.......for $12.00 it'll be money well spent.

    I shuda known betta!

    SHOW ME STATE RIDER LawnSite Member
    from MO
    Messages: 63

    I was wondering if you could still take them to small claims court if you don't have anything written? This is happening to me. never got the contract back but did work.(cutting)
  7. HOMER

    HOMER LawnSite Gold Member
    Messages: 3,183

    Ya............I think you could because a verbal agreement is a contract. If you can prove you did the work then there ya go.

    SHOW ME STATE RIDER LawnSite Member
    from MO
    Messages: 63

    I hope so. Time is running out for them. I will give them one more chance.
  9. the scaper

    the scaper LawnSite Senior Member
    Messages: 690

    homer, i'm the associate that totalcare was talking about. my services were rendered on 11/11/03 so if you think you're about to pop an artery you obviously havnt met me. i was told a week ago by the agent who is also middle manning the deal kinda like your situation, that he contacted the bank who has the foreclosure and they said my check is in the process, for some reason the property had to be listed first and all the eviction processes, code violations etc. have to be in order before they pay out. this agent is a 15 yr Friend of mine and he has 9 other forclosiers from the same bank. he says some of the other service providers have already been paid. so i'm still holding out a little hope for payment. i am hesitant to file a $12 lean myself because i dont want to put a damper on my friends sale. he is a very ethical agent who has been in the real biz for a long time and though slow to get my money for me at times, he has always come through for me. i do alot of work for other agents in the same area many of whom know each other so i dont want to jump the gun on this, not that waiting over two months is really jumping the gun. BTW dont think for a second that i'm trying to justify a slow payment cause that aint the case (i think its a buncha sh) but he assured me i would get my money so i'm just hanging tight. it's a big chunk of $ for me too but it will be well worth it to see if my Friend will stand by and watch the people he's dealing with screw someone who has done a lot of good work for him over the years. i'm banking that he wont but we'll see. my biggest mistake (assuming i get paid) is that i didnt put a late fee in the contract. i just put payment due upon completion and assumed they would accommodate me on that. well anyway, like i always say- what comes around goes around! BTW homer i always enjoy your posts , you have a good sence of humor. sorry for the long post. ~scaper
  10. HOMER

    HOMER LawnSite Gold Member
    Messages: 3,183

    Hey thanks for the compliment on the posts!

    In my case I don't think it will hamper the sale of this dump.....or then again it might. Investors seem to be drawn to these types of houses. See, I don't want to wait another 30-45 ain't right and it ain't fair. When I talked with this agent before Christmas they obviously didn't tell him it would take that long.....or he never made the call. See I don't know who's telling the truth here and who's lieing like a dog. It could all be that that agent was slow about sending off the invoice and he's stalling somehow. If that's the case then this might just pull that out of him also. It should be interesting. If it's all on him and I threaten lien then he'll go-da squirmin'........if not then he'll just make his comments. Either way I don't consider it revenge I consider it business. If the shoe were on the other foot then I know where I'd be by now.........collection services would be starting to call!

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