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Mechanics lean form

Discussion in 'Commercial Snow Removal' started by Tom Smith, Jan 14, 2005.

  1. Tom Smith

    Tom Smith Senior Member
    from IL
    Messages: 149

    Does anyone have a Mechanics lean form. I need to place a lean on 2 homes that are for sale that have long over due bills and i think the form that i have is incorrect. Thanks Much !!
     
  2. derekbroerse

    derekbroerse 2000 Club Member
    Messages: 2,377

    You should be able to find something with a search thru Google or something. I think it is spelled 'lein', so if you try that you may get better results. I would think any lawyers office should be able to tell you where to get one, maybe try calling your local township as well.

    Gotta move fast though, some of these houses don't stay on the market long.
     
  3. Robhollar

    Robhollar Senior Member
    Messages: 766

    Your local office supply store should have them on the shelf...Rob
     
  4. Mower For Less

    Mower For Less Senior Member
    Messages: 108

    You cannot put a lein on a property for maintenance, only for improvements. If you file a lein for the wrong reasons, the homeowner can turn around and sue you, and you will be liable. Consult an attorney before you persue it.

    Kevin
     
  5. 66Construction

    66Construction Senior Member
    Messages: 315

    I agree with that, I wanted to file a mechanics lien on a mall last year and my lawyer said I couldn't because I didn't make any improvements to the property or raise the value of the property, On the same note that mall isn't worth anything with 12" of snow in the parking lot.... He didn't think it was worth the risk though.
    Casey
     
  6. Tom Smith

    Tom Smith Senior Member
    from IL
    Messages: 149

    I will have to check into it.... I have to get payment out of these basturds somehow... The bill is for mulch installation, and general landscape work. I have a signed estimate sheet and a signed deposit check. I might have to file a small claims suit with a lawyer. Somehow i will get the money !! even if it costs me more then its worth!! :gunsfiring:
     
  7. 04superduty

    04superduty PlowSite.com Addict
    Messages: 1,354

    that sucks that they wont pay you and i hope you get your money. bet you wish you get the mulch back, with a D-8 Cat. :)
     
  8. Dwan

    Dwan Senior Member
    Messages: 879

    Small clames is the way to go. once you win then you can file a lean on the property and they will have to pay you before they sell it.
    Any expences spent to file small clames is also recoverable. Here is is $25 to file. Check with your local court house before you spend any money. The papers are easy to fill out and uasualy the customer will pay as soon as they think you are going to file so it don't cost anything.
     
  9. Tom Smith

    Tom Smith Senior Member
    from IL
    Messages: 149

    As a incorporated business you cant file a small claims suit yourself.. U must have a lawyer.... but i think the lawyer can add his fees to what i should recover... what a pain in the ass... fuc***n dead beat customers.. I should go take back the mulch and pull up the sod... that wold fix em
     
  10. Dwan

    Dwan Senior Member
    Messages: 879

    Tom in this state you may not use a lawyer in small claims court (they may not represent you in SC court). You may use them for advice but can not recoup there fee.
    Also here once a product has been delivered you may not reposes it without a court order.
    i suspect all states are different and anyone needing legal advice could get it from a lawyer, but to save his first fee I would still suggest checking with the local court house.
     
  11. Mower For Less

    Mower For Less Senior Member
    Messages: 108

    I am not aware of a state that will let you take it back legally. Here in Michigan, if you try to remove improvements to the property, even if you made them and didnt get paid for them, you can be sued by the homeowner!

    Pretty much all the laws protect the homeowner and his propery, and you must sue to show that you are entitled to a settlement.

    Kevin
     
  12. Dwan

    Dwan Senior Member
    Messages: 879

    Now in the case of snow removal I could (and have) returned the product with interest.
     
  13. SIPLOWGUY

    SIPLOWGUY Senior Member
    Messages: 678

    Try Borough (or Town) Hall for your info.
     
  14. Robhollar

    Robhollar Senior Member
    Messages: 766

    I always tell them it aint mine till you pay for it...Rob
     
  15. drplow

    drplow Senior Member
    Messages: 174

    small claims court is your best bet. once they get the paper work, the check will be in the mail.
    maybe you should try to reason with them and find out why they haven't paid yet. or pay a visit and collect. if your there in person, reasons for nonpayment are limited. or if they give you a story about no money until next week then get the check now and tell them that you will cash it in two weeks. this way you don't have to go back and collect again.

    one time early on in this business someone did not pay me and they told me every story in the book on when i was going to get paid and the checks in the mail and many more. they paid me most of my money, all but 100bucks.it was nice to get some of my money but what really turned me into a mad man is all the lies. and trust me, they had plenty of money. so i plowed a pile of snow in front of his garage higher than my truck so that it was pushing on the garage door slightly.
    till this day i always see him park in the driveway, away from the garage and never in it. :)
     
  16. Tom Smith

    Tom Smith Senior Member
    from IL
    Messages: 149


    LOL... theres a guy in my town that didnt get payment for a burger king he plows ... so on the next big storm he piled snow to seal off all the entrys to the building... then they had to pay someone to come and remove it all !! I love it !!!
     
  17. ace911emt

    ace911emt Member
    Messages: 83

    what is the amount? it could cost them more for a lawyer... you can always file a release it it gets too hot..(I am also a Town Clerk)