your rights when not getting paid

Discussion in 'Irrigation' started by BSME, Aug 16, 2005.

  1. BSME

    BSME LawnSite Senior Member
    from Midwest
    Messages: 829

    Been looking at the accounts receivable and really only have a couple overdue invoices.... only one that I'm worried about since I haven't gotten a response from three different bills I sent this summer...

    new customer... early this spring I went there and gave them a quote to replace the backflow and then did the work... didn't have them sign anything with the proposal or after I did the work... sent the bill in the mail...

    I've read a few different threads about taking out leins...
    a couple were pretty good

    before I start calling and fighting with them about it I had a couple questions...
    we are working on new proposal forms and new invoices.... how many of you have something on there that states the parts belong to you until you get paid?

    cuz I always imagined myself taking the poppet and bonnet out of the backflow preventer if I didnt get paid but without anything in writing saying those parts belong to me I'm sure that's trespassing...

    any of you ever go back to a house and take back the parts you installed if you never got paid?

    I'm not saying this is my first option as I haven't actually been able to talk to them yet.. for all I know I may have the wrong mailing address...

    but I figured that'd be a good clause on a work order... and i know... if I'm going to mail a bill have them sign it before I leave saying I did that work....

  2. Wet_Boots

    Wet_Boots LawnSite Fanatic
    Messages: 50,374

    If it's a sizeable bill, calculate and invoice them for monthly interest charges. The maximum allowable interest rate varies from state to state, but based on how much a credit card company can gouge you for, it will be a nice healthy number. I usually use one-and-a-half percent of the unpaid balance per month. Meanwhile, make the preparations for filing a lien on the property. Quite often, the 'notice of intent' is enough to get you paid.

    Revisiting the property can be risky, if you get cited for trespass.
  3. AceSprinkleRx

    AceSprinkleRx LawnSite Member
    from Wyoming
    Messages: 95

    "Dang it Maw!!! Theys puttin' a leens on r trailer!!! Get the checkbook!!!"

    As for revisiting the property I don't know about your parts, but in Wyoming they seem to have a very liberal shoot first and sort it out later law. :gunsfirin

  4. bicmudpuppy

    bicmudpuppy LawnSite Silver Member
    Messages: 2,781

    Call the local court house and ask them about mechanic leins. Here in KS, the billing has to be 30 days past due before I can file a lein, and I have to file the lein within 90 days of the projects completion. This isn't much of a window. If the customer disputes the bill, they can go to court to get the lein removed or they can settle with me and recieve a "lein release".

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