How do I get homeowner to pay for work?

Question

Landscape job - no contract.I have done business before for these clients.They haven't paid 2400.00 bill in 45 days. I sent out 2 notices Can I start to add finance charge?When do I get in contact with lawyer.They haven't called us to tell us why.I have sent invoices to them to call with any ? or concerns.

Answer 1

The best couse of action would be to consult an attorney ASAP. They should know all the laws in your state.

In most cases you can attach a mechanics lean on the property, but you only have so long to do that. It doesn't mean that you will get paid right away, but you will get your money when they decide to sell the property, or at which time they have to clear the title of any defects.

Another note: Make sure you always get a signed contract for any work that you do, to help substantiate your claim. That might have a bearing on whether you can place a mechanics lean on the property.

***I would contact an attorney TODAY!***  They know the law.

Answer 2

Can't add finance charges unless states so on the contract. Just go to small claims court stop messin around.

Answer 3

small claims court.

Answer 4

Go to you local courthouse and speak to the court clerk, ask about small claims. They are not allowed to give legal advice but can get you started with the correct legal forms. Most states allow individuals like yourself petition an action for recovery of monies less than $4000. Its a simple small claims action which sounds like you have a legitimate claim. As for a contract you do NOT need a written contract to recieve money for services. Dry Cleaners, any jewlerey repair or electronics, h**l even your waitress at a restaruant you sign a contract with them do you.

Finace charge on the other hand cannot be done without a contract. But check with you local laws about unpaid balance interest.

  After your judgement you can also follow up with the same court to garnish wages if need be. Whatever you do dont give up your persuit of this. Sounds like this person just walks around life taking what they want.

Answer 5

There other guys are right about small claims court.

Small claims court has a ceiling on what the maximum you can sue for. Look up smal claims on the Internet for your city and call them up and see what the ceiling is (usualy its around $5000)  so you should be good to go.

The actual filing process is really cheap, around $20 and you can easily do it yourself without paying a high-priced attorney. You just go the the local courthouse and fill out the form, pay the fee and file it.

What you probably want to do is pay a "process server" to actually serve the court documents. They usually charge $20, and what they do is go to the person's place, talk to them in person for a moment and get them to sign a receipt saying that they served the paperwork.

Its possible to get a judgment in your favor even without a contract. If you did the work and they allowed you to do the work, then in the eyes of the law this constitutes evidence of a verbal contract. However, whatever additional proof (ie. wages you paid your guys to do the work, or an hourly tally of what you did when) helps a lot to justify the actual amount.

Most people don't pay even after getting a judgement against them. What you do then is you get a "lien" against either their car or their house. They can't sell the item until they take care of the lien. Its a way of forcing them to eventually pay the debt.

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If this was helpful in getting your $$$, then please kick me $5 via paypal if you can. Thx