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Discussion in 'General Industry Discussions' started by Jpocket, Nov 2, 2006.
rod, you are correct we are seen as a non issue. But the nice thing is that we do work on REAL Property, and yes it may be a PITA to file a mechanics Lein on the property, and there is no guarantee thatd you'd get paid(they must sell, refinance or desire to change title insome way) this at least gives you a secured space in line. And that space is line is interest bearing, and you are able to charge for all of your cost for puttingthe lein in place. In some cases you may not even need to go to court to get a lein authorized. Once you learntheprocess it is easy and once a lein is placed you can still write off the debt, just remember when you collect it to file correctly. Of and at leastin Florid, the leinis good for 21 years....
Is 30 bucks worth plcing a lein, by it self no, but if you have a 1/2 dozen people who delinquint. make a 1/2 day of goingto the clerks office and filingon all of them at the same time. Rainy days are good for this.
Any other contractor that works on your car or house would so the same thing....Why shoudl we be different....
Is this type lien good across the states?? The court system in Connecticut can be trying.
Try sending a letter telling them a lean will be placed against their property.
I always get half up front for the "needy" folks........ At least I cover my costs if final payment is an issue..........
I like the lien deal.....it is kind of a silent revenge thing.......I think it would be very funny for these folks to have too pay up after a number of years.....
Marc, Rod, and Turflord have given some good sound advice. Marcs advice on filing a lien or obtaining a small claims judgment is IMHO the way to go. True you may not see your money right away, but eventually you will see it with interest. Imagine the look of surprise/shock on some POS homeowner that thought they got something for nothing, only to find out at closing on selling or refinancing they owe the judgment amount, interest, and court costs.....Priceless.
Only thing I disagree with Marc on is the $ amount, I agree with Turflord's reasoning for going after deadbeats. I will MAKE the time to go after them. I'm not in a large metropolitan market, folks around here no each other. When I'm not paid, I don't care if its for $30 or $3000 I want to send a clear message to all Don't F**^ with me you will not win. JMO
RF hit the nail on the head, we really have no tangible good with which to hold or take back in regards to lawn care. Our billing/invoice practices, at least in a relatively few amount of peoples minds, are not taken as seriously as say a credit card company IMO.
if you live in one state and work in another you would want to file the Mechanics lein on the property in the state were the work was done.
IE if you live CT and the work was done in RI you wan to to file in RI... As thats were the tax records for the property is. You might even need to go one stepo further anf file in the same county just to be safe....
Would I spend 2 hours out of my day to chase one 30 invoice. no.....but if you make a "day out of it" and do several at a time when they pile up... it make more sense.
If you do a landscape install and don't get paid, you cannot, at least not without police or court assistance, reposess your materials, and not that it would be cost effective...
I can see a new sho on Discovery--Landscape Repo Men....
Just curious, not trying to get into a whats worth it/whats not debate here, but are the courts where you are that congested and difficult to get to? I would suspect that to be the case in a larger metro area vs. our smaller (population center 22k -26k souls) area. The whole process for me literally ate up only about 30 minutes of my time for all filing requirements, heck I could even park a truck and trailer right in front of the courthouse. Possibly could have taken longer had the delinquent party opted to contest the claim, but he didn't.
I could certainly understand not spending a great deal of time pursuing if it were that large of a hassle. In my case it was worth it to me in that the local paper still publishes court judgments/traffic violations, etc. so it had the desired effect at least so far. This was the only write off for us over the past two years. Does not ensure always "prompt" payment, but payment so far has come none the less. I'm not naive enough to believe this is a guarantee we won't see non-payment for service as an issue down the road but I suspect we nipped a potential problem with others in the bud so to speak.
I love when they dont show up Default
In Orlando Florida, Orange Co is wher I did all of my filing. I did not need to go to court to place a lein....so bythe time I got parked, I went to the tax office to get the property description adn then I had to run to the Bank to get my statetent notarized before they could file the lein in the computer. it ended up being about 2 hours. I was not required to set foot inside the courtroom.... I did however as the guy was a real jerk , file in small claims and get a judgement against him as well. SC court was easy as no one every showed. Iget the judgement, then I still need to collect, and thats were the lein cam in handy.
I did have one renter who I threatened wage garnishment. I call their bluff and did SC, they failed to show and the judge authorized garnishment. but prior to any garnishment, they did pay...
in once instance I did just the Lein paperwok and no SC court and once i delivered, byhand, the notice of lien, i recieved a check promptly... espcially wnhen i outlined the intrest rate (18%) and term (21 years) did they reconsider.
Thebest part is that you can charge for your your legal fees and associated court costs, so the time to go and file and ect, can all be added to the bill.