Lawn Care Business Forum Lawn Care Business Book Lawn Care Business Blog Lawn Care Software
Home Forum Contract & Flyer Templates Blog Software Videos Podcast Calculators / Estimators Store Mower Review Design It Yourself Lawn Business School

Go Back   GopherHaul Landscaping & Lawn Care Business Marketing Forum > Business > General Business Discussions

General Business Discussions A place to talk about general business discussions.

Turning the deadbeats over to collections


General Business Discussions

A place to talk about general business discussions.
Reply
 
Thread Tools Search this Thread
  #11  
Old 02-16-2009, 10:38 AM
SuperiorPower
Guest
 
Posts: n/a
Default

Sorry for the long winded response.......
Reply With Quote

Stop guess-timating. Learn how to estimate and make money! $$$
Mow Time Estimator Lawn Care Price Estimator Mulch and Topsoil Calculator Snow Plow Estimate Calculator


Reply With Quote
  #12  
Old 02-16-2009, 11:09 AM
musician/lawnman's Avatar
musician/lawnman musician/lawnman is offline
Chuck
 
Join Date: Feb 2008
Location: South West Florida
Posts: 919
Rep Power: 7
musician/lawnman is on a distinguished road
Default

Lawn care business tipsLawn Care Business Book
Quote:
Originally Posted by SuperiorPower View Post
Sorry for the long winded response.......
Hey, there's nothing wrong with long responses if you have alot of pertinant things to say. Good informative post.
I Have looked into small claims court already on one of them. Trouble is even if they recieve a judgement against them, they don't nessesarily have to pay. IF they don't at that point all I can legally do here in florida is lein the house. If they don't sell or refinance anytime soon I'll wait forever to see any return. I can lein the home for $10 without going to court & spending the court fees for the same result. Plus as I said earlier, man of these are tenants I don't think I can lein the home, though I supose if I found the owner I might be able to contact them & collect from the security deposit as you guys said above (good idea).

Sherman,
Yeah, I was tweeked when I started this thread & I am not really one to sugar coat anything to anyone. I am about as straight foward as (I imagine) it gets.

Kind of off topic:
As leins go here is a story that reinforces what I said above (why I don't want to rely on just a property lein) After Hurricane Charlie destroyed our town in 2004 my father hired a roofing company to replace his roof, he had an expensive standing seem metal roof put on, had paid them I think a third as deposit, a third on delivery of materials. They put the roof on & wanted the balance that day. May father refused to pay til it passed inspection & the permit was cleared (good thing). It failed misserably, multiple issues, shotty work & the roof needed to be ripped off & started over. the company refused to do it. We got word that they were in financial trouble from an employee there. The owner through a fit & threatened my father to lein the house. My father said go ahead azzhole! If you morrons are still in business when I die you can have your money then. They went out of business & the lein has lapsed.
Now I'm not afraid of going out of business but my point is if someone takes this stance.... you can be waiting forever.
__________________
AAA QUALITY CLEAN CUT, LLC.
LAWN CARE & LANDSCAPING
Visit us here:

  #13  
Old 02-16-2009, 04:34 PM
SuperiorPower
Guest
 
Posts: n/a
Talking

Another idea I kind of alluded to but did not specifically point out is to dress up like say a UPS or FED-EX driver, etc? This works great if you have friends employed with UPS or FED-EX.... I know that happens around here at times...... lol
Reply With Quote
  #14  
Old 02-16-2009, 09:12 PM
bnclawncare bnclawncare is offline
Member
 
Join Date: Jan 2009
Location: North Carolina
Posts: 68
Rep Power: 7
bnclawncare is on a distinguished road
Default

I am not sure about your state, but some states have laws about "theft of services". Don't know where, but I seen on TV where a guy paid 10% tip instead of the required 20% and lost in court. He actually faced criminal charges. I do not know if this is the same, but in my mind, they stole services.

If you file to the credit bureau, they will always have this showing on their report where ever they go and will eventually cause them pain somewhere down the road. If they are renters, can you put leins on their vehicles?

Good luck!!

I still have on guy that owes me $125.00 on a piece of commercial property. I think he is getting ready to sell or build. He has 30 more days before I make a trip to the court house.
__________________

www.bnclawncare.com

Last edited by bnclawncare; 02-16-2009 at 09:15 PM.
Reply With Quote
  #15  
Old 02-17-2009, 11:21 PM
SuperiorPower
Guest
 
Posts: n/a
Default

Quote:
Originally Posted by bnclawncare View Post
I am not sure about your state, but some states have laws about "theft of services". Don't know where, but I seen on TV where a guy paid 10% tip instead of the required 20% and lost in court. He actually faced criminal charges. I do not know if this is the same, but in my mind, they stole services.
Just depends on how your state laws are written. For example, in the state of Missouri, there needs to be at least some "intent" which you have to prove: "A person commits the crime of stealing if he or she appropriates property or services of another with the purpose to deprive him or her thereof".

Typically what you would have to prove is that they intended to deprive you of the money when they agreed to have you service their lawn.
Reply With Quote
Reply With Quote
  #16  
Old 02-18-2009, 08:32 AM
musician/lawnman's Avatar
musician/lawnman musician/lawnman is offline
Chuck
 
Join Date: Feb 2008
Location: South West Florida
Posts: 919
Rep Power: 7
musician/lawnman is on a distinguished road
Default

Quote:
Originally Posted by bnclawncare View Post
I
I still have on guy that owes me $125.00 on a piece of commercial property. I think he is getting ready to sell or build. He has 30 more days before I make a trip to the court house.
If that is the case, go lein the property now! Here it only costs about $10 to file a mechanics lein. They can't sell or refinance without clearing the lein.
If he sells you maybe SOL.
__________________
AAA QUALITY CLEAN CUT, LLC.
LAWN CARE & LANDSCAPING
Visit us here:

  #17  
Old 02-22-2009, 11:14 AM
S.P.Martin Lawn Care
Guest
 
Posts: n/a
Default

I found it interesting that criminal charges sometimes are brought forward. By far and away, debts are handled in civil court. At least then you only have to meet a preponderance of the evidence level of proof vs. a beyond a reasonable doubt level in a criminal case. In other words, whoever has the best evidence wins, i.e., 51% proof trumps 49%. I fully understand that collecting from a favorable small claims decision is no the end of the problem.

I anticipated using liens in case of a deadbeat customer and did some homework on most of the properties I service. Before anything was signed I found who or what actually owns the property. It could be a corporation, individuals, trusts, and so on. Whatever that entity was, it was named as the customer, not the person signing. I had a few ask why I did that and told them straight up it was make sure I was paid, otherwise I would file a lien. They have always paid and are my best customers.
Reply With Quote
  #18  
Old 02-22-2009, 04:23 PM
SuperiorPower
Guest
 
Posts: n/a
Default

Quote:
Originally Posted by S.P.Martin Lawn Care View Post
I found it interesting that criminal charges sometimes are brought forward. By far and away, debts are handled in civil court. At least then you only have to meet a preponderance of the evidence level of proof vs. a beyond a reasonable doubt level in a criminal case. In other words, whoever has the best evidence wins, i.e., 51% proof trumps 49%.
Good point about the evidence needed. In a criminal case if the defense can prove "a reasonable doubt" then the case is typically dropped. Like you said, in a civil case you just have to prove you have more evidence than the other side.

There is only one thing I can say about criminal charges: if criminal charges are an option (meaning if your case meets the requirements for stealing according to your state's statutes) then you should be able to press charges. If the person is arrested they will ultimately have to pay a higher cost because if they post bond they will have to come up with that money. On the flip side, if the person is not found and a warrant is issued they may be contacted on a traffic stop or at some other call. When they are found to have a warrant they go to jail.

Hopefully you will be able to collect your money from a victim's compensation fund when they have gone to court. Either way, they have been greatly inconvenienced by having to go to jail and criminal court. Most people would rather be sued in a civil court than face a criminal court judge. But to even be able to do this you have to be able to prove stealing. Remember, you have to be able to prove to a jury of their peers that they have, beyond a reasonable doubt, committed the crime of stealing. If you can not, try civil court. To see if this falls under any criminal statute you should contact your local law enforcement agency as each state has different statutes. If the person lives inside the city limits there may also be some city ordinance.

Also keep in mind that if you press charges or sue civilly then you agree to show up for court, otherwise charges or the suit are automatically dropped. Showing up to court can drastically cut into your profits you have to go to court rather than mow yards. Think about starting this process at the very beginning of your slow season so you can hopefully get all your court appearances out of the way before the busy season rolls around again.
Reply With Quote
Reply

Bookmarks

Thread Tools Search this Thread
Search this Thread:

Advanced Search

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On
Forum Jump

Similar Threads
Thread Thread Starter Forum Replies Last Post
Collections at the end of the Season. Totally Green General Business Discussions 44 03-13-2009 09:36 PM
turning tips for a 36" FourSeasons Community Assistance 3 02-16-2009 04:40 PM
Collections at the end of the lawn care season - GopherHaul Podcast Steve GopherHaul Lawn Care Business Show, Video, Book & Podcast Discussions. 1 02-03-2009 10:51 AM
Collections at the end of the lawn care season - GopherHaul Podcast Steve Lawn Care Business Marketing - GopherHaul Forum News 1 02-03-2009 10:48 AM
Turning plow customers down? Steve Truck, Trailer, and Outdoor Power Equipment Discussion, Repairs. 4 12-11-2006 03:08 PM

» Recent Threads
  RatingTitle, Username, & Date Last Post Replies Views
Looking for advice on...
berryjam
01-21-2015 07:37 PM
Today 09:53 AM
by jrs.landscaping
14 373
Contact last years...
googus
Yesterday 09:13 AM
Today 09:22 AM
by ringahding1
2 64
New to the forum
LCRobert
01-26-2015 10:21 PM
Today 09:11 AM
by ringahding1
7 147
adding something new...
veteranslawncaresystems
Yesterday 12:13 AM
Today 01:57 AM
by veteranslawncaresystems
2 77
Government contracts
avetslawncare
11-15-2014 08:50 AM
Yesterday 04:27 PM
by Chilehead
7 787
What happened to Better...
Steve
01-27-2014 04:07 PM
Yesterday 12:26 PM
by Steve
21 3,147
Lawn care truck
Steve
10-10-2009 03:40 AM
Yesterday 12:23 PM
by Steve
44 16,002
Bidding to get other work
Rodriguez11
07-21-2011 11:52 PM
Yesterday 12:08 PM
by Steve
29 9,394
How many contracts...
5StarLawnscaping
01-12-2015 03:51 PM
Yesterday 11:04 AM
by ExtremeLawncareServices
10 551
"Part Timers", "Low...
doug1980
06-10-2009 12:55 PM
01-27-2015 09:01 PM
by jrs.landscaping
43 10,270
Is anyone doing mosquito...
BWild
01-27-2015 12:30 PM
01-27-2015 07:24 PM
by avetslawncare
4 106
TaskEasy & Plowz & Mowz...
jrwalker333
01-25-2015 01:02 PM
01-27-2015 02:14 PM
by Steve
5 178
New to group
ron@alpine
01-27-2015 08:45 AM
01-27-2015 01:29 PM
by Steve
1 76
please Help with none...
Lawnboyman1170
01-09-2015 09:46 AM
01-27-2015 01:27 PM
by Steve
13 601
does this sound good or...
Bradcook21
01-22-2015 09:24 AM
01-27-2015 07:42 AM
by ringahding1
9 307
second year advise
cmdlawncare
01-23-2015 06:22 PM
01-27-2015 07:31 AM
by ringahding1
6 262
These are the days on...
ExtremeLawncareServices
01-11-2015 11:41 AM
01-25-2015 09:34 AM
by ExtremeLawncareServices
9 550
need advise
rawssrob
02-23-2010 02:45 PM
01-23-2015 06:40 PM
by cmdlawncare
7 2,575
New to forum
ROB N
01-23-2015 08:35 AM
01-23-2015 01:53 PM
by Steve
1 134
Extending the life of...
rmccutchan
01-17-2015 12:37 AM
01-23-2015 01:43 PM
by Steve
8 371
osceola lawn service
jasa@wildblue.net
01-22-2015 03:23 PM
01-23-2015 01:38 PM
by Steve
1 153
Tax Question
Wolf4dk
01-20-2015 01:11 AM
01-22-2015 02:28 PM
by Steve
4 279
Billy Goat Vac
Mr. Mow
01-19-2015 07:42 AM
01-22-2015 02:18 PM
by Steve
6 268
Property Pricing
GVL
01-19-2015 02:46 PM
01-21-2015 02:18 PM
by Steve
5 324
Landscapers Source For...
breadcrumb
01-16-2015 02:44 PM
01-21-2015 05:55 AM
by breadcrumb
14 490
Hoa advice
Bradcook21
01-16-2015 09:36 PM
01-20-2015 04:30 PM
by Steve
4 304
My Invention
biglee
01-11-2015 07:51 PM
01-20-2015 10:16 AM
by biglee
16 652
How to beat the pre pay...
stansg1fresh
01-13-2015 04:33 PM
01-19-2015 03:38 PM
by ringahding1
3 383
Hello from Md
homey
12-17-2014 06:55 PM
01-19-2015 01:37 PM
by Steve
12 1,160
Hi from Illinois
burtle
01-02-2015 09:46 PM
01-19-2015 01:22 PM
by Steve
3 549
Hello from SW FL!!
5StarLawnscaping
12-05-2014 02:35 PM
01-19-2015 01:20 PM
by Steve
14 1,479
Lost my @#$ blower
stevef1201
01-11-2015 08:31 AM
01-17-2015 02:21 PM
by lxarth
2 401
Another Illinoisan.....
barhopper
01-11-2015 05:38 PM
01-16-2015 04:29 PM
by Steve
10 465
marketing with pizza...
apmAkron
01-15-2015 09:57 AM
01-15-2015 06:29 PM
by Steve
4 293
CRM and Quickbooks?
5StarLawnscaping
01-15-2015 08:06 AM
01-15-2015 08:06 AM
by 5StarLawnscaping
0 218
New Member, Indiana Iraq...
Timbo
07-14-2011 09:44 AM
01-14-2015 06:14 PM
by Steve
10 3,818
check this box truck out!
BLAZIER-1991
01-07-2015 07:40 PM
01-13-2015 03:06 PM
by biglee
8 669
My community only ad...
googus
01-12-2015 09:55 AM
01-13-2015 02:44 PM
by Steve
5 350
12 Years in Business!
Chilehead
10-23-2014 09:07 AM
01-13-2015 09:37 AM
by Chilehead
18 1,848
use a small business...
BLAZIER-1991
12-25-2014 12:21 AM
01-12-2015 06:32 PM
by BLAZIER-1991
30 1,614
tips on creating a...
BLAZIER-1991
01-08-2015 07:22 PM
01-12-2015 06:19 PM
by BLAZIER-1991
4 494
During Your Down Time
achri12
12-24-2014 03:03 PM
01-12-2015 03:54 PM
by Steve
10 1,126
Leaf cleanup
Bradcook21
01-09-2015 02:21 PM
01-12-2015 12:22 PM
by Jamesw86
4 482
Has Anyone Used Plowz ?
dpld
01-08-2014 12:14 PM
01-11-2015 02:17 PM
by burtle
20 3,460
What to pay help
Bradcook21
01-07-2015 01:32 PM
01-08-2015 07:01 PM
by Steve
1 502
Need a trailer
googus
01-07-2015 09:40 AM
01-08-2015 10:24 AM
by Upscale2
7 615
Do you guys charge buy...
burtle
01-02-2015 09:58 PM
01-07-2015 08:37 PM
by Shark1611
14 986
Organic Lawn Care...
NHray
10-17-2014 07:05 PM
01-07-2015 07:05 PM
by greyhound
18 2,213
Need advice please
CHenricks
01-06-2015 01:17 AM
01-07-2015 03:34 PM
by Steve
4 580
Mowing 2 acres
Bradcook21
01-05-2015 03:13 PM
01-07-2015 03:32 PM
by Steve
9 723
» Popular Tags
4wd 4x4 apartment complex apartment lawn care estimate applying bark bob villa care collections commercial demonstration ditches door hangers edging employee problems estimate ferris flyers four wheel drive google gopherhaul hardscapes hills how to hydraulic introduction jobs landscape services lawn lawn aeration lawn care lawn care busines plan lawn care business lawn care business seo lawn care business show lawn care business website lawn care business website seo lawn care seo lawn care website lawn care website seo managing a lawn care business marketing new mower ordinance past due patio install per hour charge podcast profit on employee push versus ride reo running a business scag v-ride scripts seo shreaded snow plowing sq ft starting a lawn care business steve sulky toro tractor auger trailer mate pro truck new used landscape walk behind web design won't return wood wright stander rh
Powered by vBadvanced CMPS v3.1.0

All times are GMT -5. The time now is 10:50 AM.


(C) 2011 Riggs Publications - Terms of use & Privacy Policy

All times are GMT -5. The time now is 10:50 AM.

(C) 2011 Riggs Publications - Terms of use & Privacy Policy