1. Welcome to PlowSite. Notice a fresh look and new features? It’s now easier to share photos and videos, find popular topics fast, and enjoy expanded user profiles. If you have any questions, click HELP at the top or bottom of any page, or send an email to help@plowsite.com. We welcome your feedback.

    Dismiss Notice

Placing a Lien on a Property for none payment

Discussion in 'Commercial Snow Removal' started by Flawless440, Feb 25, 2014.

  1. Flawless440

    Flawless440 PlowSite.com Addict
    Messages: 1,543

    I'm in a battle with one of my commercial customers (10 year relationship) for none payment..

    Want to start with a lien on the property..
    My attorney is finding out that snow removal is not considered a property improvement so we can't put a lien on the property.

    Has anyone been successful placing a lien from snow removal service?
     
  2. grandview

    grandview PlowSite Fanatic
    Messages: 14,609

    Try police report,theft of services.
     
  3. OldSchoolPSD

    OldSchoolPSD Senior Member
    Messages: 242

    File civil suit against him and get a judgement, report his business to D&B, go sit in his office with your muddy boots up on his coffee table until he pays you.


    Not sure what the laws are in your state, but here in MD you can't Lein a property until 120 days
     
  4. brianbrich1

    brianbrich1 PlowSite.com Addict
    Messages: 1,084

    In my situations I have found when my lawyer has contacted them via mail with collection notification we wait and a check seems to magically appear
     
  5. Flawless440

    Flawless440 PlowSite.com Addict
    Messages: 1,543

    Their Office is in Ann Arbor Michigan, Prop in Cleveland Ohio, I'm in Columbus Ohio... Sitting in Office is out..

    We are taking them to court, i just wanted to start with a lien... Figured being a management company, it would look bad to have a lien on the property that they manage for a owner.

    What is the D&B???
     
  6. OldSchoolPSD

    OldSchoolPSD Senior Member
    Messages: 242

    Oh hell that's easy then. Call the owner and threaten a lien, they will pay and back charge the management company.
     
  7. ALC-GregH

    ALC-GregH PlowSite.com Addict
    from pa
    Messages: 1,132

    Yep. That's what I'd do. I bet the owner will have a red flag pop up as to why they are paying the management company to manage the property yet the owner is having to deal with a lien from the contractor that the management company hired, all because the management company isn't paying the contractor?

    This sound just like what all the nationals do. If the contractors would contact the property owners and force action on them for hiring a crock for a management company.
     
  8. johnhenry1933

    johnhenry1933 Senior Member
    Messages: 256

    Dunn & Bradstreet.
     
  9. buckhigh

    buckhigh Senior Member
    Messages: 183

    Why are they refusing to pay??
     
  10. AUDRAIN PLOWER

    AUDRAIN PLOWER Member
    Messages: 31

    National property comp are all about them and dont care about you they will come up with any excuse not to pay. If every body in this profession would tell them to shove it . Not only would we not read about this we would have happier clients the ones that actually write are checks.
     
  11. yardatwork

    yardatwork Member
    Messages: 54

    Just harass him to the point of embarrassment. I've found the civil suit battle twice. I won both cases. I put a lien on the one place. These were both of mowing services. However...I haven't seen a dime. I spent money in filing fees, lost time in hearings, etc. The house with the lien was sold a year later and when liens were checked...none showed up...why? Because the home owner put the house in her sons name to avoid legal action. Criminals and deadbeats are smart. Chalk it up as a loss and file it as a loss on your income tax return. Best option...trust me.
     
  12. TGS Inc.

    TGS Inc. Senior Member
    from Detroit
    Messages: 569

    We have been successful placing liens on buildings. It is a great tool for motivating people to pay. It's been a while but I believe my lawyer looks at it as improving the property...We have been 100% successful with this. FYI, we are in Michigan


    Place liens.
     
  13. FourDiamond

    FourDiamond Senior Member
    Messages: 129

    First you need to file a suit against them for non-payment. When you win the suit(which you will), then you can get a judgement against them. At that point, you can have the constable or sheriff go to the property and begin removing items from the property to satisfy the judgment. It may take 6-12 months, but the look on their face when the sheriff shows up is priceless. A word of advice, keep bothering the magistrate and sheriff's dept. Because if you don't the judgement will go nowhere.
     
  14. snowcrazy

    snowcrazy Senior Member
    from ohio
    Messages: 409

    Im in the same situation (have a different thread going) where the property management company is owned by the owner of the property...... I just have a bad feeling about my situation because my situation they have some of the tennanats on there side saying that the work was not satisfactory. The thing is I agree with them. When you have 2" triggers and they limit you on salt and temps get to negative pictures then you know damn well theres gonna be hard packed ice at a strip mall. I can say this in court and from what my lawyer is saying they say there was not trigger of 2".... There just bold faced lieing. Its been 2" every since the first time I serviced there lot several years ago........... Ive learned my lesson. I will NEVER do anything else without a contract......... I begged for one and they wouldn't give me one. Now I know why............
     
  15. Flawless440

    Flawless440 PlowSite.com Addict
    Messages: 1,543

    Good info guys...

    Thanks