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, 09:38 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, 10:09 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, 03:34 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, 08:12 PM
bnclawncare bnclawncare is offline
Member
 
Join Date: Jan 2009
Location: North Carolina
Posts: 68
Rep Power: 6
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 08:15 PM.
Reply With Quote
  #15  
Old 02-17-2009, 10:21 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, 07:32 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, 10:14 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, 03:23 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 08:36 PM
turning tips for a 36" FourSeasons Community Assistance 3 02-16-2009 03:40 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 09:51 AM
Collections at the end of the lawn care season - GopherHaul Podcast Steve Lawn Care Business Marketing - GopherHaul Forum News 1 02-03-2009 09:48 AM
Turning plow customers down? Steve Outdoor Power Equipment Discussion, Repairs, Buy or Sell 4 12-11-2006 02:08 PM

» Recent Threads
  RatingTitle, Username, & Date Last Post Replies Views
leaf removal
tlf59263
Yesterday 10:00 PM
Yesterday 10:00 PM
by tlf59263
0 25
Trimec
acrajchel
Yesterday 08:24 PM
Yesterday 09:18 PM
by ExtremeLawncareServices
1 29
What Fertilizer to Use?
acrajchel
04-07-2014 01:56 PM
Yesterday 08:27 PM
by acrajchel
4 177
Nationwide lawn care...
Billy Goat
Yesterday 05:21 PM
Yesterday 08:25 PM
by Dan Tanner
1 62
Looking for advice on a...
Tekeda1
04-13-2014 09:53 AM
Yesterday 06:58 PM
by Tekeda1
10 182
There has to be an...
CDLAWNCARE
04-14-2014 12:59 PM
Yesterday 04:06 PM
by Dan Tanner
6 118
Gopher Forum Discount!
BlackRain75
04-12-2014 10:44 PM
Yesterday 02:31 PM
by kslawn
8 193
hello
NFrailey
Yesterday 01:39 PM
Yesterday 01:39 PM
by NFrailey
0 30
These are the days on...
ExtremeLawncareServices
03-22-2014 09:12 AM
Yesterday 12:40 PM
by ExtremeLawncareServices
24 823
Any greenhouse operators...
GoGreenerKS
Yesterday 11:21 AM
Yesterday 11:55 AM
by GoGreenerKS
2 63
Help with weed liability!
Prolawnofchatt
Yesterday 09:10 AM
Yesterday 11:32 AM
by Steve
2 82
First Day Back!
BelleCityLawn1
04-09-2014 09:13 PM
Yesterday 11:16 AM
by Steve
11 265
Mow America
stevegredler
04-13-2014 01:02 PM
04-14-2014 09:53 PM
by kslawn
5 151
Power Broom
acrajchel
04-14-2014 07:46 AM
04-14-2014 12:47 PM
by CDLAWNCARE
2 73
google earth
CDLAWNCARE
04-12-2014 03:24 PM
04-14-2014 11:37 AM
by Steve
7 163
Say Hello !!!
Steve
03-19-2007 11:18 AM
04-14-2014 11:34 AM
by Steve
1,176 283,906
Pricing a Mulch Job
dmcalpi
04-07-2014 02:16 PM
04-14-2014 11:32 AM
by Steve
20 486
Equipment reviews
Greg'slawnandlandscape
04-09-2014 07:17 AM
04-14-2014 11:27 AM
by Greg'slawnandlandscape
13 343
Sulky and Turf Tracer
acrajchel
04-07-2014 01:44 PM
04-14-2014 10:51 AM
by Steve
8 250
Aerating Prices?
Dan Tanner
04-08-2014 03:16 PM
04-14-2014 10:31 AM
by Steve
13 357
Estimating help
acrajchel
04-11-2014 06:06 PM
04-14-2014 10:20 AM
by Steve
3 126
Lawn Renovation
stevef1201
04-11-2014 12:00 PM
04-14-2014 10:03 AM
by Steve
5 144
Need help bidding church...
GreenRidge Lawn&Landscape
04-07-2014 08:01 PM
04-14-2014 09:49 AM
by Steve
12 343
Hello all
Griff20114
04-12-2014 05:08 PM
04-14-2014 09:46 AM
by Steve
1 79
Step by Step Spring Lawn...
WarriorLawnscaping
04-10-2014 07:01 AM
04-14-2014 09:43 AM
by Steve
5 194
Jeff Cowden
jcowden
04-11-2014 07:27 PM
04-14-2014 09:39 AM
by Steve
1 83
Exmark Commercial 30...
Dan Tanner
04-11-2014 05:35 AM
04-14-2014 09:37 AM
by Steve
4 148
What Was Your Setup When...
superrman77
02-11-2014 10:53 AM
04-14-2014 08:04 AM
by acrajchel
21 1,510
Accepting credit cards,...
Darksteel
03-17-2014 08:01 PM
04-13-2014 10:31 PM
by AkersLawn
12 612
Small guy time to get a...
googus
04-08-2014 08:16 AM
04-13-2014 07:18 PM
by A. Kulak Landscaping
9 273
Weekly vs. Bi-weekly
CDLAWNCARE
04-12-2014 01:48 PM
04-13-2014 06:03 PM
by kslawn
9 271
Weed ID help
TwinBrosLC
04-12-2014 10:39 AM
04-13-2014 07:40 AM
by stevef1201
4 118
Lexington, KY
acrajchel
04-07-2014 01:06 PM
04-11-2014 09:49 PM
by acrajchel
1 99
Food Plot Management
BlackRain75
04-11-2014 10:20 AM
04-11-2014 03:51 PM
by Steve
4 105
Estimating a job
acrajchel
04-08-2014 11:07 AM
04-11-2014 03:32 PM
by Steve
6 244
New Boomless Sprayer!
BlackRain75
01-03-2014 01:01 PM
04-11-2014 03:25 PM
by Steve
11 969
Hello....
SWFloridaLawns
04-10-2014 06:15 PM
04-11-2014 02:28 PM
by Steve
2 104
Truck, Trailer,...
hawthornelawncare
12-23-2011 12:01 AM
04-10-2014 10:33 PM
by ExtremeLawncareServices
78 24,923
Trading Accounts
goodtimez
04-09-2014 05:42 PM
04-10-2014 01:55 PM
by Steve
2 128
Grass that has...
erock289
04-09-2014 10:21 AM
04-10-2014 01:52 PM
by Steve
3 149
Prowrap Trimmer Engine...
Steve
05-24-2006 07:05 PM
04-10-2014 01:09 PM
by Steve
10 2,182
1st annual Easter egg...
Greg'slawnandlandscape
04-09-2014 06:58 AM
04-10-2014 01:07 PM
by Steve
1 95
Hello everyone
aceslawnandgarden
04-03-2014 06:54 PM
04-10-2014 01:06 PM
by Steve
9 332
Weed control programs
Mallard91
04-02-2014 12:25 PM
04-10-2014 12:56 PM
by Steve
6 313
homeowner vs...
GoGreenerKS
04-07-2014 10:54 AM
04-10-2014 12:52 PM
by Steve
8 247
Hello
smgibson
04-07-2014 10:06 PM
04-10-2014 12:39 PM
by Steve
2 103
33" Cub Cadet Walk...
Dan Tanner
04-07-2014 08:49 AM
04-10-2014 12:35 PM
by Steve
5 170
They may never even see...
Darksteel
04-05-2014 11:40 AM
04-09-2014 05:13 PM
by goodtimez
7 305
$300 and counting
acrajchel
04-04-2014 10:03 AM
04-07-2014 10:34 PM
by Steve
12 476
Hello From North Texas
stanleylawncare
04-07-2014 01:14 PM
04-07-2014 10:15 PM
by Steve
1 95
» Popular Tags
4wd ads aerator bid butterfly gardens buy charge christmas christmas light hanging christmas lighting client color jet courtesy call craigslist credit card customers echo exmark ferris first truck florida flower bed cultivation price fundraiser georgia gopherhaul grass grass clarksville gravely health holiday holiday lighting how much to charge how to bid kansas city kawasaki lawn care lawn care business book lawn care business podcast lawn care business show leaf lighting brass outdoor lights llp marketing mow mowing mowing clarksville mulch mulch estimate new buisness new business new start office management payment podcast property management company riding mower savannah scag schedule selling seo sprayer starting a business start up lawn care business stihl unreasonable upsell walker winter money making ideas year
Powered by vBadvanced CMPS v3.1.0

All times are GMT -5. The time now is 02:16 AM.


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

All times are GMT -5. The time now is 02:16 AM.

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