PDA

View Full Version : should i sue for breach of contract???


thelawndoctor
03-01-2010, 11:35 PM
in my contracts it says customer can exit contract with a 30day notice.... however i still havent got my feb payment from these people and now its mar and this will make 2 months they will owe me???? they have been with me for 10 months until today when i saw another crew on the yard picking up trash and what not........ they must have under cut my price because i had to beat a $90 a month plan to get them to sign!!!! but should i take and spend the 80 bucks and see if i can get my 165 they owe me and sit there in court for 8 hours? or just forget it

CHEESE2009
03-01-2010, 11:53 PM
just go throw a few grubs on their lawn... just kidding.

It's a tough call, normally court is a waste of time & the only thing you get from it is the money owed, but your customer will be gone forever. If word gets out that you are taking customers to court, they might just get a little iffy. Stupid, but it's true.

thelawndoctor
03-02-2010, 09:01 AM
but if they have went with another company, and still havent paid what they owe me!!! i just dont want to let it slide, i want people to know this is a business and i dont play

psparaco
03-02-2010, 10:42 AM
just send them a certified letter stating you owe me XXX and have 1 week to pay from the receipt of the letter or you will be filing with the local XXX court for petty claims on XX/XX/XX and note that they will owe you the cost for court as well as what they owe you plus a 10% late charge or whatever your late charge is. 9 out of 10 times they will pay.

now if you did not have them sign a contract prior to doing any service for them. then i'd cut your losses and move on. cause its their word against yours. i don't care if its commerical or residential. to me, their a client regardless of who they are. get it in writing and in your general service agreement make sure to put a late charge. mine says this.

"Payments not received within a five (5) day period after completion of service are subject to a late fee of $10.00 and will interrupt recurring services."

so they would owe me $80.00+$10.00(late fee)+$20(court filing fee = $110. So let them complain i took them to court but you know what i got my money.

thats just my opinion.

paul

picframer
03-02-2010, 10:42 AM
but if they have went with another company, and still havent paid what they owe me!!! i just dont want to let it slide, i want people to know this is a business and i dont play

First thing I would do is call them and ask if there is a problem with the invoice, is their a problem with the service, remind them you haven't been paid and when you dropped by there was another company performing services to their yard, remond them you have a 30 day notice in your agreement.

Based on the feedback it will tell you what to do, you can file a mechanics lein against the property, not sure what it costs their, for $80.00 it would not be worth my time due to the associated fees.

psparaco
03-02-2010, 10:46 AM
also. i have another line in my general service agreement that states this:

"Any or all of the Services listed above may be terminated at any time by either party for any reason (Any monies owed shall be owed at the time of termination)."

you have to make it so one way or another you are entitled to your money for the services you performed.

Andrew7dg
03-02-2010, 11:59 AM
It just sounds like a communication break down.
First did they sign anything?

Second, were they unhappy with their contract? You were mowing for them for 10 months. I am surprised they didn't say anything to you.

Were they unhappy with the mowing?

Did they give any notice that they were moving to another company? Like did the other company

I guess I am always surprised when I hear stories like this because I try to keep in good contact and connection with the home owners. I try to make sure that they are happy with their services and that there isn't anything unspoken. It is when things are unspoken that it becomes uneasy like with what you are dealing with.

Steve
03-02-2010, 01:02 PM
Very good points.

Can you tell us about this communication breakdown? What happened to get you to this point and can you still call them and talk to them?

Something seems to have gone awry.