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Customer wont pay!!!

Discussion in 'Commercial Snow Removal' started by 04red2500, Jan 29, 2008.

  1. 04red2500

    04red2500 Member
    from MI
    Messages: 72

    Ok heres the deal we have a apartment complex that we singed back in Nov. they were the first ones we had locked. They are per push and i think we have about 6 pushes including a 15" one and about 10 salting which are by the app. Now that the owe us a boat load of money they are comeing up with all this paper work that has come up that they say they need from us that we have already taken care of. They are now saying that they are going to void our invoices and not pay.They are saying we have to carry workmen's comp. but we dont have any employees so we were told that we didnt Any ideas???:angry::gunsfiring:
  2. mnormington

    mnormington Senior Member
    Messages: 156

    Take them to court. Sounds like a tall pile of BS to me.
  3. BlackIrish

    BlackIrish Senior Member
    Messages: 902

    what are ya, 5-6!! partners lol. If so wc should have forms to classify u as exempt, which u then provide to customer so that he's covered, then get paid.
  4. Dailylc

    Dailylc Senior Member
    Messages: 226

    Have your Attorney send them a letter and I bet they get off their butts pretty fast. If not take them to court. If you have a signed agreement they are up a creek without a paddle.

    Good Luck,
  5. kcplowmata

    kcplowmata Senior Member
    from kc
    Messages: 174

    if you dont have work comp than have them keep the going rate for drivers/shovelers. take the invoice and break down equipment and labor costs. tell them to take the rate out of labor cost. be a start i guess. but most insurance companies require work comp and if you dont have it usually someone has to pay. even if your state says you are exempt. just my 2 pesos
  6. v-plower

    v-plower Senior Member
    Messages: 118

    If you say you don't need comp and end up being wrong they pay out of their pockets so they need something from you that proves you don't need it.
    Call your insurance agent who told you that comp is not required and get the proper form filled out and get paid.
    What other paper work are they looking for?
  7. Camden

    Camden PlowSite Fanatic
    Messages: 6,604

    Tell the owner/manager that you're simply going to take them to Conciliation Court (Small Claims). It's way easier than it sounds and judges really tend to side with the service provider.

    Think about it, what can their defense be? Did you show up to do the work as promised? Yes! Did you receive payment? No! It's cut and dry.

    It may take a little while to get paid after the judge rules in your favor but you'll get your money, don't worry about that.

    PM me if you need help on filing your case, I've done it several times.
  8. MassSteelerfan

    MassSteelerfan Junior Member
    from Mass
    Messages: 19

    Not an expert but, they shouldn't have signed the contract without the proper paperwork to begin with. They will never win in court.
  9. Blazin

    Blazin Senior Member
    Messages: 185

    Take them to court. I have done it about 10 times over the yeras it is easy, dosn't cost much. Plus they have to reimburse you for the court costs. I have never lost one.
  10. Sharp Charge

    Sharp Charge Member
    Messages: 38

    My thought on this is; you're an independant contractor, you're not under their conrol other than waiting for payment of services rendered. It's not up to them to question your "employee coverages" esecially if you don't have any other employees. If you're insured and or bonded the customer should not have any concern. I'd say follow the others advice and take them to court.

    Good Luck!
  11. Scottscape

    Scottscape Senior Member
    Messages: 662

    go file with the clerk of court in the county that they're in. If it's over 3k, atleast in the state of ohio you might have to file civil instead of small claims. You will get your money its just a matter of time. They agreed to the services, if the contract is signed and they recieved the services they have to pay.

    It irritates me how property managers try to try this crap. It's just a loop hole of them not paying thinking your going to take it as a loss.

    I've taken a customer to small claims before over $105.00 but I did it because I wasn't going to let them get by with it and do it to someone else.

    good luck
  12. Burkartsplow

    Burkartsplow PlowSite Veteran
    Messages: 3,246

    In Ohio, even if you work by yourselves you need workers comp. It is the law. But they should have asked for that in the beginning. get a temporary workers comp certificate for 6 months. it cost like 10 dollars a month here and hand that in to them. That is all you will need for now. I have a degree in human resources and that is all you will need. you can sign up online and print a certificate off after you pay the ten dollar processing fee. Hand that in them and they should then have everything..
  13. Blazin

    Blazin Senior Member
    Messages: 185

    In New Hampshire you can take them in the county you are in. If you can I would do that, make it less convenient for them. The smallest amount I have taken to court is $100. anything under that is not worth the hassle. $100 is almost not worth it, but the principal of it! I live in a real small town approx 900 people, so if I didn't word would get around pretty quick that I was a softy. The largest amount for plowing was $1,600, She gave the judge the sob story of how her ex husband should be responsible for half of it. He agreed and told her to take his finding to her divorce judge and he would make her ex reimburse her. They had moved back to Mass. but she still worked in new Hampshire, so I had her served at work. She told the judge, " I don't appreciate being served at work! " He told her " Well how would you like to be arrested at work, pay your bills! " She didn't pay on time, once that happened a few times the court put a bench warrant out for her arrest. Funny how when that happened she showed up on my door step with a check for the full amount. Had another one pull the same crap and once there was a warrant for his arrest his mother and father showed up with a check for the full amount $650. For auto body repairs was $4,800, it took me three years to get my money.
  14. fordzilla1155

    fordzilla1155 Senior Member
    Messages: 127

    What happened to last year's plow guy????
  15. Jbowe

    Jbowe Senior Member
    Messages: 167

    Classic case

    I've had clients like this in the past. I am licensed insured and bonded so there is nothing they can say. They do not have a right to see your books other then your insurance and thats that. Workmens comp is an in house issue and none of their business as long as your legal and you are doing the work. I doubt very seriously if any one plowing has to give the person you do work for a binder of insurance that list them as the indemitor like they do in construction. These guys are just out and out scamming you. They probably do it every year. Get some guy to do the first half of the year then when the bills mount up they refuse to pay or use excuses like this not to pay then find another sucker for the second half. When I get an apartment now I either get prepaid for the season or I get a credit card on file and bill it out before I go plow. That way I am sure I get paid.
  16. Indy

    Indy Senior Member
    Messages: 704

    They had an obligation to keep you off the property if you were not in compliance with their requirments. I would also have a attorney send a letter and with that letter I would send the bill for attorney fees.


    Messages: 47

    One way that we screen customers in CT is by going onto the states web site and checking their names for lawsuits in the state. We weed out many deadbeats this way before taking them on as a customer.

  18. bike5200

    bike5200 Senior Member
    from Ky
    Messages: 437

    In Ky. if you work by yourself, no employees, you do not have to carry workman's comp. Insurance companies have forms that state that you have no employees and you sign it. These people are jacking you around. :drinkup::drinkup:
  19. 04red2500

    04red2500 Member
    from MI
    Messages: 72

    He got out of the business and sold it to my dad and i. As far as it all goes we decided to just get comp seeings how there almost $10,000 in the red we will just jump threw there hoops FOR NOW!!! :gunsfiring:
  20. Superior L & L

    Superior L & L PlowSite Veteran
    from MI
    Messages: 3,041

    The problem with small claims is you can win the case but that doesn't mean the guy is going to walk out the court room and write you a check. Winning is just the begin sometimes. There is a lot more filing and paper work to force the dead beets to pay.

    Funny story here..... I handle anything under $3000.00 and lien work but our lawyer handles the big stuff. We had a builder that owes us $20,000 in maintenance work. They kept saying checks in the mail..........well it never showed. We had a court date set and our lawyers agreed on a payment plan of a couple of grand per month, judge said cool and everyone signed the contract. Well two payments later everything stopped so we went to court and got a judgment and was aloud to seize money from 4-5 bank accounts. We got this one account on Thursday night just before Fridays payroll. So friday morning our lawyer got the ok to yank the $$$$$$$$$$. only problem was the builder had down sized trying to stay above water and we only got a few more grand. Well after that we went back and forth on more payment programs cos they didn't want us seizing $$$$$$$$$$$ but they never held there end.
    Last week our lawyer went into there three local sales models with a sheriff and a moving truck and seized all the furniture and appliances. Its all going to be auctioned at a sheriffs sale and we get our $$$$$$$$$$$

    Now we first turned this over to our lawyer in October 2006 so it took some time but we WON ...........dont mess with the dirty little landscaper BIT@H. Our maintenance contracts also say they are responsable for court cost and 18% interest so this didn't cost us anything but lots of time