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Not Paid? Why aren't you filing a lien?

Discussion in 'Commercial Snow Removal' started by Backwell, Nov 22, 2015.

  1. Backwell

    Backwell Junior Member
    Messages: 29

    You have on average 90 days to file a lien on a property. Doesn't matter if the property owner was the one to hire you or not. File your liens and you will be paid. Non payment of lien by your client will either force them to lay it in risk of losing their client or it will be paid by the property owner. I see a lot of posts here talking about nob payment from national service companies. This is a quick solution.
  2. 1olddogtwo

    1olddogtwo PlowSite Fanatic
    Messages: 12,174

    Not as simple as all that. Some states do not allow for snow plowing.
  3. BossPlow2010

    BossPlow2010 PlowSite.com Addict
    Messages: 1,069

    Not always a quick solution, usually in the contract their is a line that prevents class action lawsuits and if you are going to sue them, it has to be in their jurisdiction.
  4. Backwell

    Backwell Junior Member
    Messages: 29

    A lien is not a lawsuit. If aa lien is not paid you can acquire a judgement which can result in foreclosure to pay lien. Even for a $30 plow. It does depend on what is leinablenin your state though like he said.
  5. Mark Oomkes

    Mark Oomkes PlowSite Fanatic
    Messages: 13,250

    Winner, winner....chicken dinner. :drinkup:

    Mr BigTime, in some states they are called construction liens and only valid for improvements that involve construction, not services.
    Last edited: Nov 22, 2015
  6. Precedence

    Precedence Senior Member
    Messages: 120

    We use a collections agency, everything we have had to send there has resulted in payment. Agency takes a percentage based on how much work they had to do to collect up to 50% if they have to place liens or file lawsuits on our behalf. Usually it's not more than 10%.
  7. basher

    basher PlowSite Fanatic
    from 19707
    Messages: 8,993

    Be careful giving out blanket legal advice.

    what state are you in? This might be possible in your state but every state's laws are different.

    You are seriously screwed if the property owner has already paid the contractor.

    The courts would not hold a third party responsible for the tenets of your agreement with the Contract holder.

    As was previously stated , many states have restrictions against filing liens for services rendered.

    I know of a company that was hired to do a major contract, did their due diligence, after failure to pay they turned it over to the lawyers. The property owners had paid the contract holder (an major national,) the contract holder paid the sub they hired, HOWEVER the sub had then sub-contracted the company that did the actual work, but paid no one. Any property lien filed by the company doing the work would have been immediately dismissed as the property owner had paid as required by the contract. You can't collect from the contract holder as they had paid the sub contractor as required by the contract, the Sub contractor just never paid anyone. File against the Sub contractor you need to do it in their state and if you win but they are just a holding company who sends all the funds received directly to a parent company in another state you need to sue again. So it could cost you major money to collect, One case I know of was told to eat the loss (50K+) as they had a snowballs chance in the oven of ever collecting the money and even if they did it would cost more then they were owed to do so. You cannot collect your legal fees unless the contract gave you the right to do so.

    Now you can sue/file against anyone but it could be a waste of time and money. In many states if you are incorporated you will need to file the forms allowing you to act as your own attorney or pay one to represent you. I remind you of the old adage "a man who represents himself has a fool for an attorney."

    I have a couple of judgements I will never see, you can't get blood from a turnip.
  8. Buswell Forest

    Buswell Forest PlowSite.com Addict
    from NH
    Messages: 1,668

    What would Tony Soprano do?
  9. FredG

    FredG PlowSite Veteran
    Messages: 3,398

    Send Puss and a bruiser to pay him a visit. That's probably all it would take.

    Even a judgement does not mean you will get paid. The dishonest will just change there business name and move on after enough judgements.
  10. seville009

    seville009 Senior Member
    from CNY
    Messages: 877

    From the Payer's perspective, you should always get a signed Lien Waiver before making payment. Prevents any future headaches if the contractor is doing anything screwy.
  11. SnoFarmer

    SnoFarmer PlowSite Fanatic
    from N,E. MN
    Messages: 9,883

    But it does, I've gone threw the process IE, taking them to court.
    They can change their business name everyday it makes no difference.
    And a llc doesn't mean they can shelter their money byutting it in a personal
    Account, the Judge doesn't care...
    When you get a decision from a judge, he will do a 2nd reading in court,
    Then you can have the judge command the sheriff to go into their bank account and seize the money, then the shriff will send you your judgement,
    If they have no money you can go after a asset.
    Liens are for thoes who can waite.

    Of course you have to do a littel leg work and pay for this, but all fees associated with collecting your judgement are added to the judgement.
    So in the end you get your judgement and all court fees.

    It works the same way in every state.
    In civil court you don't need a lawer no matter who you are seeing be it some guy or a big INC....
    You can hire one, and if the amount your owned is substantial you may be abel to bump it up to the next court up.

    And in that babel above , It sounds like they didn't know who to take to court,
    And again the court syestem Is uniform across the country , it's the local laws that could just a littel diffrent in your area, it has to do with some act of congress....
    Last edited: Nov 22, 2015
  12. FredG

    FredG PlowSite Veteran
    Messages: 3,398

    Last I knew in the state of NY the only people that can freeze your account for unpaid monies is the state for sales tax or the federal government. I will stick to my first post till the jury comes out.
  13. SnoFarmer

    SnoFarmer PlowSite Fanatic
    from N,E. MN
    Messages: 9,883

    If you loose in civil court and own monies a Judge has the power to command the sheriff to go get it even put of your bank account , in every state in the union.
    This is a fact of the land. ...how do I know, becuse I've done it.
    No jury needed, it's the law already, a judge has the power....

    Is the USA.
    The chain of comand is such.
    A judge
    Then everyone else.
    Last edited: Nov 22, 2015
  14. MSsnowplowing

    MSsnowplowing Senior Member
    Messages: 761

    Going thru that now from Small claims up to $5,000, going to the courthouse on the 25th to file the paperwork then hire the marshal to either get my money or freeze the bank account of the former client.
    So in CT you can do that, most states have small claims questions and answers and all you have to do is look it up for your state.
  15. SnoFarmer

    SnoFarmer PlowSite Fanatic
    from N,E. MN
    Messages: 9,883

    ........Thumbs Up
  16. jhall22guitar

    jhall22guitar PlowSite.com Addict
    Messages: 1,056

    Except on Plowsite, here its:
    and i think it ends there Thumbs Up

    But some good information for people to consider on this though. Luckily (knock on wood) we havent had issues yet but it is something for people to consider
  17. SnoFarmer

    SnoFarmer PlowSite Fanatic
    from N,E. MN
    Messages: 9,883

  18. FredG

    FredG PlowSite Veteran
    Messages: 3,398

    That's good to know, Unfortunately the grape vine is telling me he's in Florida hiding out, Up and running again in his Daughter's name. Hopefully he will come back when he fails again.