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Can I lien a property for snow plowing?

Discussion in 'Business Fundamentals' started by Justright, Feb 8, 2010.

  1. Justright

    Justright Junior Member
    Messages: 15

    I have been told I can lien property for unpaid snow plowing. I have also been told you can't lein for snow plowing. Has anyone actually put a lein on for snow plowing? Also have you ever lein property in Minnesota?
  2. Camden

    Camden PlowSite Fanatic
    Messages: 6,604

    You cannot.
  3. Justright

    Justright Junior Member
    Messages: 15

    Any idea why snow plowing is not a service that you can lein property for
  4. RepoMan207

    RepoMan207 PlowSite Fanatic
    from Maine
    Messages: 5,039

    Being in the collateral business I can tell one thing for certain, it varies State to State.

    In Maine you have to go to civil court and get a judgment. Then you can have it attached to there assets. Unfortunately, the judgment itself is only half the battle. From there you can hit their credit, auto, home, whatever they have that can be considered collateral under your State's statute. The best thing about judgments is, there is no charge off status for them, there not governed under bankruptcy either. You can keep a negative hit on there credit until the day they pay up, and even then, it's visible for an additional 10 years after that, just like bankruptcy.

    Chances are...the home owner will never let it go that far, they'll pay up sooner rather then later. Typically, you can expect their full cooperation as soon as the papers are served upon them. I once paid a friend to serve some dead beats with filled out (but not filled) court papers...worked like a charm, I got a phone call the next day, and a check by the end of the week. lol

    Good luck with the $$!
  5. the new boss 92

    the new boss 92 2000 Club Member
    Messages: 2,989

    you can also make them late for work by putting them last on your list till they pay up!
  6. RepoMan207

    RepoMan207 PlowSite Fanatic
    from Maine
    Messages: 5,039

    I would hope he still isn't plowing them if their not paying. Especially if he is thinking "lien" at this point.
  7. Justright

    Justright Junior Member
    Messages: 15

    Not plowing for him sine first week of Jan. Still being told by different people I can lien and some say I can't
  8. burlingtonplow

    burlingtonplow Member
    Messages: 57

    Whats the ballpark $ they owe
  9. Justright

    Justright Junior Member
    Messages: 15

    I plowed 12 properties for a total of $3277
  10. Bajak

    Bajak Senior Member
    Messages: 999

    I can't speak for your area, but here in Ontario if the work on the property does not add 'real' value to the 'property', then you cannot put on a lien. Since snow plowing doesn't increase the value or add 'real' value of the property, the service value cannot be used to lien the property.

    I think it varies state to state, province to province. You'll have to look for it under your state legislature.
  11. RepoMan207

    RepoMan207 PlowSite Fanatic
    from Maine
    Messages: 5,039

    Justright: Call the civil court for your region bud. They'll give you a definitive answer as to what your recourse is. I'd tell you to try a collection agency for more options, but they can be just as sleazy as the debtor.

    Good luck.
  12. ryde307

    ryde307 PlowSite Veteran
    Messages: 3,145

    We have lien disclosers on all our contracts for this reason. I have a great lawyer for you to call if you need some help with this. He is in the Minnetonka area. Not sure where you are but he can get you what you need and is good at getting money from people when it has to go that route. PM me and I will get you his info.
  13. vinny69

    vinny69 Junior Member
    from canada
    Messages: 25

    plow them in
  14. bigmudder77

    bigmudder77 Senior Member
    from wooster
    Messages: 125

    Its a pain to get money from people now lots of people are out of work and want you to plow there drive so they can get to the store or where ever and then you send them a bill and nothing send another bill and nothing call and they dont answer or call back

    it sucks and thats why now i need all the cash up front before a drop the blade they dont like that o well screw some one else over

    good luck getting the money
  15. TLB

    TLB Senior Member
    Messages: 275

    I take it that if you are to the point where you want to take legal action you have a written contract to plow for this person.
  16. DugHD

    DugHD Senior Member
    from Maine
    Messages: 420

  17. LwnmwrMan22

    LwnmwrMan22 PlowSite Fanatic
    Messages: 28,362

    Your access to the court system should be down by Southdale Mall, if I remember right, if you're in south Minneapolis. I would head over there and start talking.

    I had to file papers about 4 years ago on a development company about 4 years ago. I had to go downtown Minneapolis and file court papers, no lien. It was small claims court.

    I would persue that quickly, as you'll also be able to add on additional fees.

    If you place a lien, then you're only going to get your money when they sell the property.

    If you file small claims court, you can keep adding additional collection fees, you can start seizing assets, etc.
  18. Indy

    Indy Senior Member
    Messages: 704

    There is a way in your state to be made whole, you just need to find out what that mechanism is.

    Could be small claims and a judgment
    Could be a lien (mechanics)

    But usually all states have a method for situations like this, however some have limits on what you can try to recover.

    Good luck