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SM. CLAIMS Vs. Mechanic's Lien ??? Help

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  • SM. CLAIMS Vs. Mechanic's Lien ??? Help

    Hey fella's I've got a question to bounce off you.

    I have a customer who died while he was 2 months late, his family stepped in and said we'll pay the late bill and also wanted us to consider not stopping service, which we didn't. We felt bad for the family and since they wanted us to continue we just kept his house on the schedule.

    Week or two go by and still no payment, time for a visit. The person at the house was a nephew or grandson in his mid 30's and he said he knew about us being there and thank you so much bla bla bla and he would tell whomever is in charge of the trust that we're getting pretty far behind $$$. He gave us a phone number to the person in charge. Phoned her and she said just a couple more weeks at most, she hasn't gotten a checkbook to take care of the finances with the house yet. So that is when waited one more week, sent another invoice and that finally rousted a partial payment.

    She still sits to this day behind, she payed for the months she thinks she is entitled to pay but hasn't payed for the 2 months behind her deceased relative was before he died and she took over the estate.

    I hope I am making myself clear.

    I have 2 options here. I can take her to Small Claims Court and try to sue her for the remainder or I could put a Mechanics Lien on the house. For those who don't know a Notice of Mechanics lien warns the owner that you will be filing a mechanic's lien if payment is not made within 10 days. Hopefully, it will create a serious dialog for settlement. Come up with your bottom line amount to settle and be prepared to offer it if the owner is negotiating in good faith. Remember that the last thing an owner wants is a lien on their property — it jeopardizes title, interfers with their relationship with the construction lender, and prevents refinancing or sale. This notice is worded in a non-threatening manner so as to capitalize on this situation, with the owner knowing that you are required by law to file a lien within a set period of time or lose your lien rights. This I know because I'm a Realtor. My question is more estate related I want to know if the estate has to pay for the 2 months behind in payment our now deceased customer????

    What's the protocol for Small Claims? Do you/can you e-file or do I have to go to the court to file? And do they in turn serve the client as a preliminary step and get payment? Or do we just go to court and bring it ON!!

    Truthfully its been said on this forum many times that we aren't taken seriously as business owners because of all the little scrubs out there without licenses and legal formation. For those of us who do follow things somewhat by the book its a real crock.

    Any help would be much appreciated !

    Thanks

    Ms. Jen
    All I want is less to do, more time to do it, and higher pay for not getting it done.

  • #2
    It's funny that this has come up today. My wife called me today and said that we finally received a check from a house that we had a lien on since Jan. or longer.

    Here was our deal;
    Hired to maintain,
    Paid promptly for six months straight,
    hooked up with out of state person and was gone quite a bit,
    payments started to come in late,
    phone calls made, customer apologized with sob story,
    payments continued to come late, could see through the windows on the back porch the house became empty, for sale sign was posted
    made phone calls, partial payments,
    made more phone calls, left messages, then phone # got disco'd
    filed lien, then some months later we get a call and email from a Title agency, wants to know final bill. Got check today, clear lien tomorrow.

    If I was to go through this again,, I would go with small claims court. With your situation, I would've filed a lien as soon as I found out the customer had passed away. If the grieving family complained and/or called, I would, with kid-gloves and with the utmost amount of respect, explain the situation as "standard procedure". Then I'd reiterate the maintenance agreement with whomever is responsible for the estate and try to reinitiate service with them as the responsible party. This way, you'll get your money sooner or later, and hopefully have a new customer.
    If you feel that you must burn our flag, please wrap yourself in it first.

    Comment


    • #3
      They can not settle the estate without paying all old bills from dead or alive.

      A lein would secure you. but its probably just someone who don't know what there doing.

      Comment


      • #4
        I Had This Happen Last Year............

        the estate paid me after awhile with no problem.

        steve
        "THE BADDEST LAWN APE ON THE PLANET"

        Comment


        • #5
          Small claims is your easiest and best bet.

          A mechanics lien for mowing is very very iffy. If all you did was mow the lawn, trim, trim bushes, etc., I would watch yourself with that one.

          A mechanics lien is for services or materials for property IMPROVEMENT.

          While we all think our service improves the property value.....it doesn't. We are 'maintaining' the property value.

          Now if you added mulch or planted something? Maybe.



          Yes, you can file the mechanics lien. But you need to hope they don't hire a decent lawyer. Because a decent lawyer will fight that and you will more than likely lose if they do so. And they can sue you for defamation of title. IF they were so inclined. Now if they don't hire a lawyer, and let the lien stand, you'll get your money. But a lawyer can easily fight a mechanics lien for simple lawn mowing and easily win. And easily sue you for placing that lien.




          The mechanics lien is not the best bet in this situation.
          a.k.a.---> Erich

          www.avalawnlandscaping.com


          Build a man a fire, he'll be warm for a day.
          Set a man on fire, he'll be warm for the rest of his life.

          Comment


          • #6
            Pay attention to Scraper, he is correct. Additionally, a lot depends on state law. My suggestion is to contact an attorney or at least find some on point court cases in your state. Go to Lexisone (below), register and use the resource. I teach commercial law and I tell my students (what a very wise gentleman said) that anyone trying to be their own attorney has a fool for a client. I'm speaking from personal experience.

            https://www.lexisone.com/lx1/authent...t&pmode=n&loc=

            Comment


            • #7
              Update

              Got a phone call from the "Estate" and they said they are out of town and can't pay the bill because the checkbook is in Mich and they are in Florida. How'd they get my 2 millionth bill then?? HUM??

              We gave them 2 weeks to get their butts home and pay the darn bill.

              I called the local district court and for $25 I can file for small claims and for another $14 I can have it hand delivered! Oh would I love to be there so see their faces!!!

              FYI: These people are to darn stupid and too foreign to hire a lawyer.

              In Michigan you are able, even as a measly lawn service to file a MECHANICS LEIN. Talked to my lawyer and because its becoming "big business" they are dealing alot with Mech's Leins so as to keep out of small claims.

              As some of you already know, I am a Realtor and I would have gray hair by the time this house sold and I finally got paid from the title co. Doesn't this economy just suck A$$!!!

              Thank you all very much for your valued input, as always I'll use my best judgement and believe me I'm counting the days until they get home. I want to deliver the papers myself!!!

              TO BE CONTINUED!!

              Anyone else want to chime in feel free.


              Ms. Jen
              {who's thankful all the work is done until spring! SUPERB YEAR!! }
              All I want is less to do, more time to do it, and higher pay for not getting it done.

              Comment


              • #8
                Originally posted by Ms. Jen View Post

                In Michigan you are able, even as a measly lawn service to file a MECHANICS LEIN. Talked to my lawyer and because its becoming "big business" they are dealing alot with Mech's Leins so as to keep out of small claims.
                Yeh, I'm pretty sure you can file a mechanics lien in any state for mowing....even toilet bowl cleaning. But, they can fight that it doesn't fall within the correct terms.

                No big deal because you aren't gonna be filing one now anyway.
                a.k.a.---> Erich

                www.avalawnlandscaping.com


                Build a man a fire, he'll be warm for a day.
                Set a man on fire, he'll be warm for the rest of his life.

                Comment

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