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What to do

Discussion in 'Commercial Snow Removal' started by Mysticlandscape, Jun 18, 2008.

  1. Mysticlandscape

    Mysticlandscape Senior Member
    Messages: 689

    Ok here's the story. Have a customer, if you would even like to call him that. First storm of the year last year he left a ladder in the driveway and when we went to plow the driveway we hit the ladder and if punched through three pickets of a wooden fence an bent the stablizer on the ladder ok. I go over an look at it and tell him its an easy fix an that i will fix it upon receiveing my money which will atleast cover the cost to fix it and I will break even. Never recieved the money so I never fixed it. The guy has been harassing me since, told me striahg forward that he was not going to pay me and that I still have to fix it. Told him it aint gunna happen. He called me to say me hes sueing me over a $30 fence, talked to my attorney and he said to not worry about it till we have a court date. What would you guys do?
     
  2. iceyman

    iceyman 2000 Club Member
    Messages: 2,547

    not worry bout it til you have a court date:rolleyes:
     
  3. mulcahy mowing

    mulcahy mowing Senior Member
    Messages: 718

    haha have fun in small claims court,the judge is going to laugh him out of the court house. relax and wait until the court date
     
  4. plowman4life

    plowman4life Senior Member
    Messages: 557

    relax and wait untill the court date. from what you said the damage is mostly his fault for leaving a ladder laying in the driveway.
     
  5. bribrius

    bribrius PlowSite.com Addict
    Messages: 1,609

    what i wouldnt have done, is that i wouldnt have told him i would fix the fence at all.
    what i would have done, is explain to him that out of safety concerns (and common sense) he cannot leave his items in areas he wants me to plow and i would have asked for my money for the job.
     
  6. elite1msmith

    elite1msmith 2000 Club Member
    from chicago
    Messages: 2,762

    ok, im good with legal stuff

    first understand, that even if the judge finds in favor of you, and that it was his fault for leaving a latter in the drive way, that doesnt mean that you will get paid

    You need to file a lawsuit, a counter suit , against him for unsatisfactory of payments for services rendered, and could even file for therf of service in some states

    so file a counter suit....you will win that one hands down because he didnt pay you, as long as you can prove u did the servce.....Include interest and late fees...., even if u didnt have a contract, the court will allow REASONABLE late fees, and Finance Charges, i would stay below 10%, the judge may or maynot give that to you, but its worth a shot trying....In my county, after a judgement , he has 30 days to pay or by court order, i can charge him 28% interest based off the amount owed by the judges ruling.

    so file a counter suit, dont bother bringing in a attorney., im sure he will cost more to defend you than the suit the customer is bring forth on you..

    tell the judge, that it is impossible to see a latter, at night, laying on the ground, under snow, in the middle of an area that is suppost to be clear of objects,..when the customer knows he is going to have something serviced in that area. No snow plowing contractor walks every inch of ever property prior to dropping a plow...and their for (key Phase) IT IS AGAINST COMMON INDUSTRY PRACTICES (something courts are suppost consder heavily)

    make sure u get served ur papers, because if he didnt , you can have his case thrown out, and i might try contacting him one last time, after u file a serve him, to work out an agreement prior to the date...