We just had our first small claims suit and we won! It was a very clear cut case.... we grind out stumps, clean up, add seed and soil and leave an invoice. The guy never paid and never returned out calls to him until after we filed the papers to take him to court. He never complained or had problems with our work, he was just not going to pay. Anyway, from the day the bill was due from him until the court date was 8 weeks. Our accountant/ business advisor told us not to wait on it because it can make it more difficult to get the money in the end. We had one customer that we waited several months before contacting a lawyer and we were told by the lawyer and our accountant that we should have started sooner. Anyway, how long do you guys wait to sue?
How long before you sue?
- Thread starter emr
- Start date
easyphloem
Branched out member
- Location
- Louisville, KY
How often do you get stiffed on a job?
How much did the lawyer cost, and was it worth it for a stump grinding job?
Glad you got your restitution, but hate to see the lawyers profit.
SZ
How much did the lawyer cost, and was it worth it for a stump grinding job?
Glad you got your restitution, but hate to see the lawyers profit.
SZ
The lawyer was for a different job and that was worth it. We actually only got stiffed on this one job this year. The stump job totaled out for $1500 so it was worth going to small claims. Small claims cost $95 and the loser pays that. We have not received any money from the guy yet, but we won the case. At any rate, my original question stands.
p.s. I really dont like lawyers. They should be a last resort.
p.s. I really dont like lawyers. They should be a last resort.
- Location
- Longmont, CO
I haven't the slightest idea as to how long to wait before suing some one.
I have had one lady not pay me out of hundreds and hundreds of people. She is merely banking on a scheduling mistake I made. She had used my services 2 times prior to this job and she had given me a bunch of referrals. So, I even gave her a discount for thanking her for the referrals. I was definitely a repeat customer. I gave her an estimate and she was 100% sure she wanted to do the work, but didn't know if the timing was okay. She said she'd call me.
I was scheduling about 6 weeks out at that time. So, from the time she had me out to do the bid, to the time I did the work, I forgot her stipulation. That was my mistake.
So, while we were in her tree she came home for lunch. She was surprised to see us there. And she reminded me that she didn't call me. However, she knew the work needed to be done, so she asked me if she could pay me in installments. Since, it was my mistake, I said yes. (I have never accepted such a request in the past).
So, a month went by... Nothing. A couple months... Nothing. December/Christmas time... Nothing.
I finally said this, "If you can get me one referral, that results in a job, I'll waive the cost." She thought it was fair and so did I.
Have I received a referral from her? No. Any money No.
I won't sue her over this, but I believe I would have had a case since she agreed to pay me. Did I get in writing? Na. I trusted her that her word was good enough. After all, she was a good customer...
In the future, I'll get stuff in writting. I won't be fooled twice.
I have had one lady not pay me out of hundreds and hundreds of people. She is merely banking on a scheduling mistake I made. She had used my services 2 times prior to this job and she had given me a bunch of referrals. So, I even gave her a discount for thanking her for the referrals. I was definitely a repeat customer. I gave her an estimate and she was 100% sure she wanted to do the work, but didn't know if the timing was okay. She said she'd call me.
I was scheduling about 6 weeks out at that time. So, from the time she had me out to do the bid, to the time I did the work, I forgot her stipulation. That was my mistake.
So, while we were in her tree she came home for lunch. She was surprised to see us there. And she reminded me that she didn't call me. However, she knew the work needed to be done, so she asked me if she could pay me in installments. Since, it was my mistake, I said yes. (I have never accepted such a request in the past).
So, a month went by... Nothing. A couple months... Nothing. December/Christmas time... Nothing.
I finally said this, "If you can get me one referral, that results in a job, I'll waive the cost." She thought it was fair and so did I.
Have I received a referral from her? No. Any money No.
I won't sue her over this, but I believe I would have had a case since she agreed to pay me. Did I get in writing? Na. I trusted her that her word was good enough. After all, she was a good customer...
In the future, I'll get stuff in writting. I won't be fooled twice.
southsoundtree
Been here much more than a while
- Location
- Olympia, WA
EMR-
If the situation is such that you can put a contractor's lein on the property (as I potentially could, as I'm forced to be a Registered Contractor by WA law), then the threat of a lein, with a backing of "We don't want to have to do this, but we have done quality work, per the contract, and you haven't paid. You are forcing us into this..." can be very effective.
I'd suggest researching to see if there is any minimum amount of time required, or other actions required or suggested by your local government.
I don't know if a Small Business Administration type of program would be helpful with avoiding this.
Lawsuits seem like they will drum up the worst in people, whereas a bad customer might do less damage if a settlement can be reached.
If the situation is such that you can put a contractor's lein on the property (as I potentially could, as I'm forced to be a Registered Contractor by WA law), then the threat of a lein, with a backing of "We don't want to have to do this, but we have done quality work, per the contract, and you haven't paid. You are forcing us into this..." can be very effective.
I'd suggest researching to see if there is any minimum amount of time required, or other actions required or suggested by your local government.
I don't know if a Small Business Administration type of program would be helpful with avoiding this.
Lawsuits seem like they will drum up the worst in people, whereas a bad customer might do less damage if a settlement can be reached.
We looked into the contractors lien but from what I understand you need a judgement against the defendant first. I really wanted to resolve this before court but the guy wasn't responding to all of our statements/invoices or all of the calls that we were placing to him. As far as we were concerned, he had no intention of ever calling us back and he has purposely avoiding our calls. After getting our judgement, we placed a lien on him and he has to pay or get us a personal financial statement so we can guarnish his wages/accounts. We will see what he chooses to do.
southsoundtree
Been here much more than a while
- Location
- Olympia, WA
[ QUOTE ]
We looked into the contractors lien but from what I understand you need a judgement against the defendant first. I really wanted to resolve this before court but the guy wasn't responding to all of our statements/invoices or all of the calls that we were placing to him. As far as we were concerned, he had no intention of ever calling us back and he has purposely avoiding our calls. After getting our judgement, we placed a lien on him and he has to pay or get us a personal financial statement so we can guarnish his wages/accounts. We will see what he chooses to do.
[/ QUOTE ]
I'll bet that leins vary everywhere. I haven't had to do this, but a friend has had to threaten to place a lein on some people intending to stiff him. The threat has worked everytime.
I don't know about leins to be honest. It can be leverage though. You don't have to say anything untruthful.
"We completed the work per the contract. You have chosen not to answer or return our calls. If you don't respond by X date, and arrange payment in full by X date, you will be forcing us to pursue legal avenues that can result in a contractor's lein on your property."
I don't get scumbags that try to steal from other people for unnecessary work. Its still bad if someone has a tree on their house and the house is temporarily condemned, and they would be "homeless" until the tree is removed, but it seems like most of the times that people refuse to pay for quality service, its just greed and poor ethics on their part.
We looked into the contractors lien but from what I understand you need a judgement against the defendant first. I really wanted to resolve this before court but the guy wasn't responding to all of our statements/invoices or all of the calls that we were placing to him. As far as we were concerned, he had no intention of ever calling us back and he has purposely avoiding our calls. After getting our judgement, we placed a lien on him and he has to pay or get us a personal financial statement so we can guarnish his wages/accounts. We will see what he chooses to do.
[/ QUOTE ]
I'll bet that leins vary everywhere. I haven't had to do this, but a friend has had to threaten to place a lein on some people intending to stiff him. The threat has worked everytime.
I don't know about leins to be honest. It can be leverage though. You don't have to say anything untruthful.
"We completed the work per the contract. You have chosen not to answer or return our calls. If you don't respond by X date, and arrange payment in full by X date, you will be forcing us to pursue legal avenues that can result in a contractor's lein on your property."
I don't get scumbags that try to steal from other people for unnecessary work. Its still bad if someone has a tree on their house and the house is temporarily condemned, and they would be "homeless" until the tree is removed, but it seems like most of the times that people refuse to pay for quality service, its just greed and poor ethics on their part.
[ QUOTE ]
I don't get scumbags that try to steal from other people for unnecessary work.
[/ QUOTE ]
Thats exactly what ticks me off the most. It is just sad that there are people out there that look to take advantage of others. I wonder if it would make him feel worse if he new we are a newer company, I have two kids under the age of 4 and my partner has a new born. This scumbag that took advantage of us lives in a house that is way nicer than what I have or what my partner has. He might think its not a big deal to screw us out of $1500, but to us, its a huge deal.
I don't get scumbags that try to steal from other people for unnecessary work.
[/ QUOTE ]
Thats exactly what ticks me off the most. It is just sad that there are people out there that look to take advantage of others. I wonder if it would make him feel worse if he new we are a newer company, I have two kids under the age of 4 and my partner has a new born. This scumbag that took advantage of us lives in a house that is way nicer than what I have or what my partner has. He might think its not a big deal to screw us out of $1500, but to us, its a huge deal.
southsoundtree
Been here much more than a while
- Location
- Olympia, WA
[ QUOTE ]
[ QUOTE ]
I don't get scumbags that try to steal from other people for unnecessary work.
[/ QUOTE ]
Thats exactly what ticks me off the most. It is just sad that there are people out there that look to take advantage of others. I wonder if it would make him feel worse if he new we are a newer company, I have two kids under the age of 4 and my partner has a new born. This scumbag that took advantage of us lives in a house that is way nicer than what I have or what my partner has. He might think its not a big deal to screw us out of $1500, but to us, its a huge deal.
[/ QUOTE ]
That can be something to put in the messages/ correspondence. "By you not paying, you are stealing money from myself, my wife, my toddlers, my business partner, his wife and newborn." Guilt might help. Its only stating the truth.
On a different note:
I don't mind mentioning that I'm married during the casual chatting during a bid. They may be less inclined to try to get you to budge on you bid if they see that you have a wife and kids (not me) to support. I explain to people that I am on every job to see that its done safely and thoroughly, so we all go home to our families in one piece at the end of the day. I think that people will be more inclined to pay (perhaps a little more) someone that is supporting a family. Jamin's family is clearly a factor in his business, both advertising, and having people depending on him to come home safe everyday. I'd have to bet that this only helps.
[ QUOTE ]
I don't get scumbags that try to steal from other people for unnecessary work.
[/ QUOTE ]
Thats exactly what ticks me off the most. It is just sad that there are people out there that look to take advantage of others. I wonder if it would make him feel worse if he new we are a newer company, I have two kids under the age of 4 and my partner has a new born. This scumbag that took advantage of us lives in a house that is way nicer than what I have or what my partner has. He might think its not a big deal to screw us out of $1500, but to us, its a huge deal.
[/ QUOTE ]
That can be something to put in the messages/ correspondence. "By you not paying, you are stealing money from myself, my wife, my toddlers, my business partner, his wife and newborn." Guilt might help. Its only stating the truth.
On a different note:
I don't mind mentioning that I'm married during the casual chatting during a bid. They may be less inclined to try to get you to budge on you bid if they see that you have a wife and kids (not me) to support. I explain to people that I am on every job to see that its done safely and thoroughly, so we all go home to our families in one piece at the end of the day. I think that people will be more inclined to pay (perhaps a little more) someone that is supporting a family. Jamin's family is clearly a factor in his business, both advertising, and having people depending on him to come home safe everyday. I'd have to bet that this only helps.
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