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Hey guys, I need your opinion... Yes that means everyone!

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  • #16
    He can not counter sue in small claims.

    Lien the property. Cost ya about 70 bucks for the year.

    YOU have the leverage. Call me next week.
    Phil,

    What is your view on the pros and cons to putting a lien on a property vs going to small claims court?
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    • #17
      I was told it only costs $10 to file the lien. I checked at the local county building.

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      • #18
        I was told it only costs $10 to file the lien. I checked at the local county building.
        But as far as I know, you only get paid from a lien, when the property is sold. Is that correct?
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        • #19
          Yeah, the lein would have to be satisfied prior to any sale of, or refinancing of the house, but if the guy just owned the home & keeps it for 20 years you'd better not be holding your breath. That's why small claims court is better in this case, you get an immediate judgement, If you win they are court ordered to pay, failing to do so is breaking the law.

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          • #20
            Good luck with it Chuck.

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            • #21
              dead beat

              That is why we need a dead beat list.

              barry lawns n more

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              • #22
                Sorry for the late reply.

                winning in court only leads to a judgment. No way to collect. However, the difference is that you often get the chance in court but before YOUR turn...and under the lawyers/judges advice...to settle before court. if not, Mr Judge man gets pissed when the other guy loses.

                Liens are finiky here. BUT they work IF you keep em up to date.

                You have the right to push this as far as you want to. Also, these things can be announced in the paper. That helps deflect any bad mouthing done by him about you. It also sets folks up to know you are a serious business man.

                But...then there is the chance he will win. But..he wins if you do nothing.

                You will run out of time if you do not act. He may sell the property or worse...foreclose. whatever you decide...do it next week bro. It sounds from over here like he is is some $ strain . Do it before the bank does.

                This crap gets old...but it gets worse when the economy hits the flusher.

                I wish you the best man.

                Oh...I got your message the other day.....Just been busy with my Dad. he is better now. I will speak w/you after the holidays.

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                • #23
                  You have the right to push this as far as you want to. Also, these things can be announced in the paper.
                  What do you suggest be published in the paper?
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                  • #24
                    So how is the small claims going chuck

                    I am in the same situation with a guy i did landscaping for i told him the price for the work and was ok with the price. After i finished I gave the guy the bill($600) and he was like o lord how am i going to pay for this. So what i did was i told him $200 a month for 3 months. He said ok that works out better. First month came NOTHING, Second month came NOTHING, third month came NOTHING, i also called him between those months to remind him he said its in the mail, NEVER seen nothing. The fifth month i went to a lawyer to see if the lawyer can send him a letter, he said yes, letter was sent and heard NOTHING. So December of 2008 will be 6 months now going on this. So i sent him a small claims letter and told him to respond in five days or i was going to take action. Guess what, NOTHING YET.

                    So chuck you might be a step ahead of me on doing the small claims so tell me how that goes for you.

                    The bad thind is, is that he is a PREACHER............

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                    • #25
                      Yikes! Matt keep us posted.
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                      • #26
                        whats up everyone.



                        you guys are funny,

                        but i guess you gotta get your money...one way or another....

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                        • #27
                          whats up everyone.



                          you guys are funny,

                          but i guess you gotta get your money...one way or another....
                          tuscangardens
                          you will probaly will come across that situation one day

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                          • #28
                            Ive been through it more times than you would think....the property management company i owned, i was in court for alot of diffrent stuff, including collection of $$$$


                            and landokade....your link does not work to your website.

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                            • #29
                              Ive been through it more times than you would think....the property management company i owned, i was in court for alot of diffrent stuff, including collection of $$$
                              What advice do you have for newer lawn care business owners who find themselves in this situation? How should they handle trying to get a customer to pay?
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                              • #30
                                First i wouldtry to call the customer and settle out of court

                                or, you could hire a "situation resolver", you can find these guys usually at a red cross or other free organization in your area, they help you out so you dont need to go to court.

                                Id also try to type up a legal form that states you are going to be taking them to court, some people get scared and pay right away

                                or the final stage spend the $100.00 and take them to court....if you have a contract, and did the job(s) right, then there will be no problems getting your $ plus the late fees, plus the 100 you spent on court.

                                i would never set up payment arrangements, come on....thats just begging not to be paid..
                                if you do , make sure EVERYTHING is in writing, every detail...then when they dont pay, take them to the court with documents.


                                ive never had to go as far as to put a lien on someone for landscaping services...

                                never back down in court, if you lose, which you prob wont, appeal again. most of the time the dead beats know they are in the wrong and dont show up to court anyways.

                                now, if you win in court, and the people still havent paid, you go to the clerk of judicial records in your town, where you could actually hire a sherriff to go to the house with you, (another $100.00), and TAKE STUFF FROM THEIR HOUSE WORTH THE BALANCE OWED!!

                                ive done it before and it seems to be the only way to actually collect on some people evern though they get preyyt mad...but hey....pay your bills....we all do.

                                I hope i helped a little

                                this is how it is done in PA, your state may differ.

                                WE DO NEED A DEAD BEAT LIST!!!
                                I ACTUALLY THINK THAT THEY HAVE SOMETHING LIKE THAT IN THE COURTHOUSE!!!!

                                SEE YA...PAUL

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