What's it take to put a lien on a customer's property?

SouthSoundTree

SouthSoundTree

Treehouser
Joined
Sep 1, 2010
Messages
5,958
Location
Olympia, WA
I have a non-paying customer. Erik did the job on an hourly basis. He said $300-400 probably. Drop and leave (can't return material, or threaten to do so). $400 bill, no returned phone calls, etc.

Nice home, work was done at a well kept rental property. Possibility of more work. This has been 1.5 months or more, so I don't think that its a mistake, unless he's in a coma (I did have to repeatedly call a customer last year, but maintained a polite demeanor, leaving messages including an opportunity for alternate payment arrangement, even though it was a simple $250 prune job. Turns out his mother had just died right then, unexpectedly, so he was out of touch, and it paid to remain polite.).

My super at Parks says anybody can put a lien on anybody's property, then it has to get sorted out (this came up in a conversation of Adverse Possession for his personal property).

Unfortunately, Erik wrote a contract for the guy, gave him his NCR copy, but didn't have the guy sign it (even though I say again and again to fill out a detailed scope of work, signatures, yadayadayada).

I figure that this might just be a good lesson for Erik that cost me some hourly wages, fuel, estimate time, and a little wear and tear.

Heck, I'd much rather have $300 minus expenses than zero minus expenses.

Perhaps the threat of a lien would be enough for $300, or if I get lucky then $400 minus expenses.
 
I have a buddy who quoted a price of 650 for a 80 year old (poor) lady. Notice how he didn't say 650 DOLLARS? Believe it or not, when the job was completed she gave him a check for $6.50. When he told her what he really meant, she about fainted and said there was NO WAY she could come up with that kinda money. She wrote him another check for $25 bucks and because my buddy is SUPER RELIGIOUS and doesn't want to cause ANY type of trouble for anyone, he blew it off.

Lordy.
 
Sean, isn't it worth maybe trying a face to face with the person? Erik should go over there in the evening to affirm his intention to be paid. Noting the person's reaction might tell if it has to come to some legal action.

Never a $6.50 when it was really $650, but I have had some people show amazing naivete when it comes to fees. The classic was, "I thought the price of one was for two".
 
You're gonna get stuck at some time or another weather you're in business or not .

In Ohio you have the option of small claims court .Now the court might rule in your favor but they won't collect the debt .Likewise what they term a "mechanics lien " they might rule and if they don't pay peridically you have to refile to keep it active .Every time you file there is a court fee .
 
"I thought the price of one was for two".
Click to expand...

Been there, didn't collect that. Two oak trims, $350 apiece. When it came time for payment, the old man wrote a check for $350 and that was all I got.

Old or no, that lady took him for a fool I think..
Click to expand...

Old people will really try to screw you sometimes playing the "old and confused" card.
 
A visit must be made, and several attempts at phone calls from entirely different numbers during evening hours. Standing on their doorstep usually gets a check, or, a blatant refusal.
 
I once dead woodwooded a maple over a glass greenhouse for an old lady. She took off as I was wrapping up. Then wouldn't respond to the bill in her door. Then ignored my calls. So I showed up one morning. main door open, screen door shut, food cooking, music playing. She stayed up stairs and refused to open the door while her food burned. I went down the road to grab a soda and as I returned to knock some more, she was getting in her SUV, and FLEW out of the driveway and down the road. I finally got her on the phone days later and she said "Oh, I meant to call you. You missed a twig on the top of the tree."

I let her know in very strong words that at this point, I will NEVER return to get that twig and I will be at her house in 20 minutes and she will pay me.
 
Think of all the poor people that can get left holding the bag when someone declares bankruptcy. I know someone that it happened to twice with large amounts of money that he was owed, the last time I recall him saying $25000. It ruined his business and his wife left him and took the kids. Some scum developer used his tricks. Nice guy got burned badly....very sad.
 
Never accept non-payment. Call day and night, show up at their house, inquire with their neighbors as to their whereabouts, call their freakin grandmother if need be. Im not saying do it initially. But when they've allowed you to do work, then opted to ignore you outright, steam roll them. Its the only way to get the money quickly. I treat my customers like gold, and they will attest to that, But when one thinks they wont pay me, just for sport, they see the monster come alive.
 
I've done it. Sue in small claims and after your judgements you fill out another piece of paper, pay a small fee and it's done. It worked like a charm until the deadbeat filed bankruptcy. At that time WE were named as defendants when the bank was foreclosing because of the lein. It really wasn't a big deal to deal with that.... You actually don't respond and the court takes that to mean that you forfeit your claim on the property.

I say, sue and let the court figure it out. It's not worth keeping you up at night so get it taken care of.

Sent from my SCH-I535 using Tapatalk 2
 
With some people, non payment is how they roll. They can really be a headache. I remember standing outside a person's office wanting to get paid, him being a well to do slimy architect. He could see me through the large window and i could see him. He pretended to be on the phone, but I definitely got the vibe that he wasn't talking to anyone but himself, and also you would think that courtesy would have him saying that he would get back to the person. How can you barge in on someone on the phone? :roll: I stood out there like an idiot for about a half hour and then left. He won that round, but I did eventually get paid begrudgingly. I guess i could have walked in and taken the phone from his hand and shouted into it, "HE'LL CALL YOU BACK"! I think it would have at least gotten his immediate attention in some capacity. I needed some advanced mafia training against mama's boys.
 
A guy avoided me who owed me, so I took a good book and parked blocking him in at 6AM and waited. He came out in about 15 minutes with the Benjamins. About a year later he completely cut his pointer finger off with a 200.
 
A developer once owed me, cannt even remember the amount but for me back then it was BIG probably $1200. Anyways I found out where he lived and started going by there. The MF had the balls to stand on the steps of his big assed house and tell me he didnt have his work checkbook at home. It took a LOT of restraint not to go to jail that night. A while later, I was driving by at night as whenever in the area I would do, I see he os having a dinner party. I walked in and sat down at the table. I full well knew he could call the cops but figured I would tell them I thought it was an open house or some shit. He came over to me and told me he had a check for me, then took me in his office and wrote it. Check cleared too.

I have a judgment on a chick from NY right now for $3500 and still cannt get paid:X One day if Im in NY I will join her for dinner......... And probably go to jail, thats what I hate we are in the wrong for wanting to get paid while the rich Fs just keep on keepin on........
 
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