I own a Gutter business. We did a home for someone in a trailer. They don't want to pay for the job because they are not satisfied when we finished the job. We told them we never collect payment until we finish and they are happy with the job. If they are not, we will take care of whatever problems. So they were not happy, we called 20 times to try and fix the problem, they don't call back. What can I do and how? A lien? A notice of intent to lien? I need help. Thanks
2006-12-13 06:55:37 · 19 answers · asked by Tracy L 1 in Politics & Government ➔ Law & Ethics
Send them a certified letter asking for "what made them unhappy" with the job and state that they have ___(insert number) days to either get in touch with you regarding the job or you will assume they are satisfied and expect payment on that date. Then if there is no response give them over to a collection agency, but state in the letter if they fail to respond to you with why they are unhappy by the specified date, you will assume they like the job and since they haven't paid you will refer them to a collection agency.
And a certified (return receipt request also) will let you know they received the letter. Its documentation for you of proof of trying to reach them--keep a copy of the letter for yourself and the president of the company
2006-12-13 07:01:12 · answer #1 · answered by HappyGoLucky 3 · 3⤊ 1⤋
Small claims court.
You provided a service and a product, they agreed to pay for them. If they are not happy, that's what you said, then they have the right to allow you to rectify the situation before they pay you.
Document your attempts to rectify the situation, if they avoid you or are unwilling to have you back, that is their choice, but in choosing that, they also voided your stated warranty of satisfying them. You did the work and are entitled to be paid.
There is a reasonable expectation of competence in construction as well, incorect gutter installation can cause other damages and may support a counter claim. If your work was up to snuff and they won't pay, sue them. If you were incompetent and have to do the job again, do so, it will attest to your commitment to your customers, and your honesty, a very good business ethic.
2006-12-13 15:17:47 · answer #2 · answered by Bob L 2 · 0⤊ 1⤋
A mechanics lien and suit. Next time take a deposit large enough to cover costs, then a third at mid point and in-full at last day. No sensible businessman exposes himself to that much loss. You are out the cost of materials and labor. Not everyone is as
honest as you as you have found out.
Even in Small Claims court, they may not pay you, but with a mechanics lien, they can't sell their house without paying you first.
You will also be out the cost of the lawyer you need to see.
2006-12-13 15:05:34 · answer #3 · answered by justa 7 · 0⤊ 1⤋
I would just threaten with a lien and hope they pay up. If not, can you go to their home and remove the gutters? And in the future, people that live in trailors - make them pay 1/2 up front.
2006-12-13 15:04:42 · answer #4 · answered by luveeduvee 4 · 0⤊ 1⤋
Fozzie is correct. You can contact the civil department of your county court and they should be able to tell you what to do to get a lien. Also, document how often you have been calling them and any type of communication you have with them. If you do have to get an attorney, they will want that info.
2006-12-13 15:04:58 · answer #5 · answered by Anonymous · 0⤊ 1⤋
Small claims court is probably your best bet. Bring ALL documentation with you - the dates and times of your calls, the original contract (if there is one), and anything else you can think of. You won't get a second chance if you are missing some important documentation.
However, you can do this without a lawyer which I'm sure would cost you more than you'd recover.
.
2006-12-13 14:58:47 · answer #6 · answered by FozzieBear 7 · 2⤊ 1⤋
Have you seen the British film "Snatch"? There is a part in the movie where they burn down Brad Pitt's "Ma's" trailer... I am not suggesting you burn down the trailer because that will only make them angry. I suggest you shoot them in the chest plate with a large caliber weapon. After all, tornadoes are God's way of vacuuming... one less trailer park inhabitant is not going to hurt right?
~xerocs
2006-12-13 15:02:18 · answer #7 · answered by xerocs 5 · 0⤊ 1⤋
Mechanic's lien is the answer. Call the local clerk's office
2006-12-13 14:57:53 · answer #8 · answered by wizjp 7 · 1⤊ 1⤋
WHAT ARE YOU HELPLESS??? PAY THE NEIGHBORHOOD TROUBLE MAKER $20 TO GO OVER THERE AND PUT A BRICK THRU THEIR WINDOW IN THE MIDDLE OF THE NIGHT AND THEN CALL THEM NICELY THE NEXT DAY AND ASK FOR YOUR CASH THEYLL GET THE HINT!!!!WORKED FOR ME BUT IM CHEAP I THREW THE BRICK MYSELF AND THEN WHEN I ASKED FOR MY CASH I ASKED THEM HOW THEIRKIDS WERE DOING ? THEY GOT THE HINT AND I GOT MY $1200
2006-12-13 15:05:17 · answer #9 · answered by STOP CORRUPTION NOW 2 · 1⤊ 0⤋
Lein them.
Take them to Court.
Document everything.
If they live in a trailer, odds are they have no money so next time have them pay in advance.
2006-12-13 15:04:04 · answer #10 · answered by Harry Merkin 4 · 0⤊ 1⤋