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They're trying to pull a okie doke on me

Discussion in 'Business Operations' started by AL's, Jan 31, 2018.

  1. AL's

    AL's LawnSite Senior Member
    Messages: 925

    So the one time I break from my normal routine I get stiffed. Normally I'd have the customer fill out a customer form with all their info and sign off on card payment. Then I would put their card on file, perform the work, and charge them.

    Well just before christmas I did a leaf cleanup and just went ahead and did the work after verbally agreeing on price and that we would do a payment over the phone later in the day (customer was at work while I was on the property).

    at one point like 5 weeks ago they apologized it was taking so long to get back to me. But havnt heard a peep since that.

    What should I do here? I have no invoice, no written estimate, can I send a demand letter?
  2. sjessen

    sjessen LawnSite Platinum Member
    Male, from Knoxville, Tn
    Messages: 4,911

    It is difficult to give you "the" answer given none of us were there or know this person.

    That said, why not print off an invoice and go to their home and ask for payment acting as though nothing was wrong and with a smile on your face?

    From your posts it would appear they are having cash flow issues.

    You trusted them and acted with integrity. Now, it is time for them to do the same. Give them the benefit of the doubt until they prove otherwise.

    JLSLLC Inactive
    Messages: 9,080

    Hope for the best my friend, maybe they will have few extra bucks when taxes come back, and don't forget you. Best of
    Bcoogan23 and sjessen like this.
  4. AL's

    AL's LawnSite Senior Member
    Messages: 925

    Because I have been under the impression that under the fair debt collection act laws in nc that as a 1st party creditor I can not go to their house without potentially opening up a can of worms.

    The original agreement was that I would call them after job and they would make a payment over the phone. They were perfectly fine with that, but never answered the phone. I've been calling about once a week and havnt heard one word back besides the apology for taking so long and that was a few days after the job.
  5. sjessen

    sjessen LawnSite Platinum Member
    Male, from Knoxville, Tn
    Messages: 4,911

    Really!! You can't go to collect on a debt owed?

    While I can see why a law such as this one might be enacted the unintended consequence is you have no recourse to collect.

    I suppose you could send a demand letter but they don't have to open it.

    This situation stinks. Sorry to hear about this.
  6. Mow-Daddy.com

    Mow-Daddy.com LawnSite Gold Member
    Messages: 3,936

    Your local sheriff may bring them a letter? I know around here they use to.
    Bcoogan23 likes this.
  7. BigJlittleC

    BigJlittleC LawnSite Silver Member
    from Chicago
    Messages: 2,286

    Try calling with a different phone. They are screening your calls so switch it up.
  8. knox gsl

    knox gsl LawnSite Fanatic
    Messages: 6,366

    Park in their driveway around 5 pm with invoice in hand plus late fees. If they don't answer the door start knocking on the neighbors door till someone answers be very vocal about why you're there and that they need to pay up.
    Bcoogan23 likes this.
  9. Matthews Lawn Care

    Matthews Lawn Care LawnSite Bronze Member
    Messages: 1,049

    Mail an Invoice to them ASAP. Wait 15 days, then send a demand letter. If no response, go file a small claims suit. Here in Missouri a verbal agreement will hold up as long as you show proof that there was an agreement at some point. Phone calls, Invoices(put a note pertaining to the agreement made), texts, e-mails, or any other proof that shows a verbal agreement was arranged. Check with your state regulations but if you can’t show any proof, your pretty much SOL.
  10. ltdlawn

    ltdlawn LawnSite Silver Member
    Messages: 2,060

    Although I hope you get paid bc this is bs. Surely it will be last time you waiver from the usual process.

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