I did a mowing job about 2 months ago. The guy has always paid.This year nothing. I have been calling him, and he has not responed. I finally got a call from his wife today. I guess the guy is sick, and lost the properity to the bank. His wife says she will send me a 100.00 when he receives his SS check. That is 1/3 of the bill. I guess if I get that it will be better than nothing. At this point I doubt I will receive more. I feel bad for the guy,but feeling bad doesn't put gas in my tractor, or pay my help for the hand mowing that was needed around rocks, Can I bill the bank since they own the land now? Another day in the neighborhood. Stan
- Thread starter 37 chief
- Start date
Anonymous-0
Well-known Member
It's basically a lien against the property. I did some mowing at a place that was for sale quite a few years ago. It was on a pretty fancy acreage($$$). The women there wanted some really tall grass cut in what used to be a horse riding area. She then said she had to go to towm but would be back in about 30 minutes. She never returned. After repeated calls and messages, I couldn't get a hold of her. I went back, got the name of realtor on the sign and called her. I think the realtor must have been smart enough to know that I could prevent the sale of property if I put a lien against it. I'd guess it was at least a $750,000 property. Anyway, I got a call from the lady the next day saying she had lost my number (I left on it on numerous messages and it was on the bill). She mailed me a cheque and I got it a couple days later. Not good to lose a big sale over a few hundred dollars. I think the lady may have got the house in a divorce but couldn't afford it. Dave
John T Country Lawyer
Member
Been there done that grrrrrrrrr
You ask? Can I bill the bank since they own the land now?
ANSWER Bill the bank if you like BUTTTTT that likely wont get you diddly squat. Theres no "privity of contract" between you and the bank. They didnt hire you nor contract with you, they arent obligated to pay you for the mis deeds and breach of contract caused by another person (with whom you actually contracted). Their names NOT on any written contract with you nor were they a party to any oral contract it sounds like.
Also, they may or may NOT own the land now as you stated. Prior to that they would have to foreclose and then they would have to be the successful bidder at a sheriffs sale and receive a sheriff"s deed buttttttttt all that takes a long time ya know (at least a 6 months redemption period in some states). Id say the dude still "owns" the land until such time theres a judicial foreclosure and a deed is transferred.
What Id recommend is look into your states Mechanics Lien Statute and if all the requirements can be met the filing and perfection of such can ripen into a Lien against the real estate in which case the bank (should they become the new owner) might actually pay you in order to clear the title Woooooo Hoooooooooo.
DISCLAIMER Id consult a LOCAL attorney professional familair with YOUR STATES LAWS before hanging your hat on much said here (including my un researched remarks) as it dont carry much weight in a court of law.
Best wishes
John T Country Lawyer
You ask? Can I bill the bank since they own the land now?
ANSWER Bill the bank if you like BUTTTTT that likely wont get you diddly squat. Theres no "privity of contract" between you and the bank. They didnt hire you nor contract with you, they arent obligated to pay you for the mis deeds and breach of contract caused by another person (with whom you actually contracted). Their names NOT on any written contract with you nor were they a party to any oral contract it sounds like.
Also, they may or may NOT own the land now as you stated. Prior to that they would have to foreclose and then they would have to be the successful bidder at a sheriffs sale and receive a sheriff"s deed buttttttttt all that takes a long time ya know (at least a 6 months redemption period in some states). Id say the dude still "owns" the land until such time theres a judicial foreclosure and a deed is transferred.
What Id recommend is look into your states Mechanics Lien Statute and if all the requirements can be met the filing and perfection of such can ripen into a Lien against the real estate in which case the bank (should they become the new owner) might actually pay you in order to clear the title Woooooo Hoooooooooo.
DISCLAIMER Id consult a LOCAL attorney professional familair with YOUR STATES LAWS before hanging your hat on much said here (including my un researched remarks) as it dont carry much weight in a court of law.
Best wishes
John T Country Lawyer
Hi 37 Chief: I would go with a lien ASAP and... add extra cost for time to file plus cost to file etc.. The bank wants a clean title/ownership to resell. If it was 2 months ago you may be running short of time to file? This should be the most trustworthy way to get paid since it does not sound like either he or she has money and you know the Bank has $$$.. good luck. I would think they will understand.. good luck.. ag
Billy Shafer
Well-known Member
I would say that if he has always paid. Then there is more going on than you know about. Neighbor of mine was doing fine one month money in the bank new truck and he was living well. Went to work one day. Found lock on gate company was closed. No warning or any hint that the company was in trouble. Out of a job at 62 and lost everything he had. Had to file for SS early. I would take the money they can offer and let the rest go. Some folks that have always paid there bills can have a hard time dealing with a loss. Maybe he needs someone to talk to. Might help him out.
You can file a mechanics lien. I charge $300 to do one. Mechanics liens have a deadline, and if you don't foreclose the lien by the deadline, you lose it. Foreclosing a lien against a recalcitrant bank will cost you $2,000 minimum. Probably more.
Good luck!
See my first reply for my ongoing recommendation.
Good luck!
See my first reply for my ongoing recommendation.
Take the $100 from the customer. See if you can get them to make payments on the balance, or see if they have something you can take on trade. If the customer can't/won't pay talk to the bank. See if they'll cover the balance. You're at their mercy. If they say no, drop it. It will cost more to collect than they owe you.
If you want to be a hardass you have 90 days from the time you worked there to file a lien. I think you have 2 years from the filing of the lien to enforce it. They can't sell the property with a lien on it.
I suspect the bank has multiple foreclosed properties sitting. In exchange for dropping the lien or settling for a lower amount you might get the bank to throw some work your way.
If you want to be a hardass you have 90 days from the time you worked there to file a lien. I think you have 2 years from the filing of the lien to enforce it. They can't sell the property with a lien on it.
I suspect the bank has multiple foreclosed properties sitting. In exchange for dropping the lien or settling for a lower amount you might get the bank to throw some work your way.
Anonymous-0
Well-known Member
i am glad its not me i am to soft hearted i would tell them to keep the $100 because it sounds like you are really gonna need it. i would be very greatfull that i am not in his shoes and glad i could just help him out a little.but then again thats just me.
RICK
RICK
Adirondack case guy
Well-known Member
I saw that today also. We all know where the report came from! Friday a local Rite Aid Distribution Center shut down. People around here can't even afford medicine. This country is like a farmer driving his tractor into a wet hole. He's still going ahead, but he will never drive out the other side!
Unless he stops and changes his course. Nov. is coming!!!!.
Unless he stops and changes his course. Nov. is coming!!!!.
old
Well-known Member
- Location
- Camdenton Missouri
Yep just think the big guys in DC say the economy is doing better ya right if you make 1 mil or better a year maybe
If the guy lost his property to the bank he had to be in deep trouble when he hired the guy to mow. He hasn't responded to the OP for two months. Yeah, I feel bad for the guy but why did he hire someone to mow? He had to know he couldn't pay him!
I suspect you don't own a business. Businesses are being squeezed from all directions. Operating costs continue to increase. The government continues to saddle business with regulations that drive costs up. All while the economy is in the tank. By the time the OP adds up the cost for his truck, trailer, tractor, fuel, insurance, licenses, labor, maintenance, depreciation,advertising, accounting, office supplies, garage or shed to house his equipment, insurance on the building, liability insurance, etc, etc,etc he's probably lucky to actually profit $30 or $40 on that $300 job. Every not-for-profit in the area calls with their hand out. Ya gotta draw the line somewhere if you're a business owner or you'll be in the same boat as the guy that didn't pay for the mowing.
Anonymous-0
Well-known Member
Same here. I can remember my Dad worrying about how people were going to be able to afford to eat our "expensive" crops. I understand him now.
You been had. The weasel didnt even have the decency to calll you or come and talk to you. Hid behind his wife and put her up to it. REason he let it go 2 months is to try to avoid you processing action against him. The 100 bucks is just to stave you off of action. You will never see anything after the 100, IF you get the 100. Go for whatever legal action you can in the lien line of things, and add all your filing costs and legal expenses. The guy is bum, plain and simple. No hosest man having hard times would have sat on his can and watched you mow his place and then ducked you on the phone. He is using his wife as part of the scam. Seen a million of these ugtter trash people and their tricks. Tom
GeneMO
Well-known Member
- Location
- Pilot Grove, Mo.
Watch for when they leave the place, then go over and steal something worth $200.
I'm just kidding !!!!!!!!
Gene
I'm just kidding !!!!!!!!
Gene
John T's advice is good; your position depends on your State's mechanics Lien laws/procedures.
Here, Mechanics liens are liens against the LAND for supplies delivered/work performed; there's a time period to file, and then a time period to file foreclosure of the lien or your lien evaporates.
NOW, that said, here (when I was in the trade, 10+ yrs ago) if your lien was of record, and some other supplier/contractor filed a foreclosure of another mech lien while your lien period was in force, he had to serve you as a party to freeze out your lien. In such a case, you could file an answer in HIS foreclosure action, asking the court to adjudicate YOUR lien, thereby keeping your lien alive during that foreclosure action without having to file your own foreclosure.
Here, Mechanics liens are liens against the LAND for supplies delivered/work performed; there's a time period to file, and then a time period to file foreclosure of the lien or your lien evaporates.
NOW, that said, here (when I was in the trade, 10+ yrs ago) if your lien was of record, and some other supplier/contractor filed a foreclosure of another mech lien while your lien period was in force, he had to serve you as a party to freeze out your lien. In such a case, you could file an answer in HIS foreclosure action, asking the court to adjudicate YOUR lien, thereby keeping your lien alive during that foreclosure action without having to file your own foreclosure.
Good info but its not cost effective to enforce a $200 lien. That's about a hour of lawyer's time here. You can't include legal fees if collection and legal costs are not mentioned in the contract. Best bet is to work out a payment plan with the customer or try to get the bank to work with him.
What's worse than a foreclosure situation is if someone files for bankruptcy. In some cases contractors or suppliers that have been paid have to return the payment to the court to be divided between secured creditors!
If the people are losing property and are on Social Security and are offering you 100 dollars of a check that is only once a month check, I would venture to say they will have to do with out something you would not. You might think about checking out their condition other than financial and take them a bag of potatoes and a case of caned meats. A lending hand at this point might bring you the total amount later on down the road plus work from others that hear about your good character.
Or, Or you could pile on to their problems and make life even more troublesome. You might even be able to find some old Jimmy Hoffa cronies that could pay them a visit to add a little fear.
Or, Or you could pile on to their problems and make life even more troublesome. You might even be able to find some old Jimmy Hoffa cronies that could pay them a visit to add a little fear.
MarkB_MI
Well-known Member
- Location
- Motown USA
Consider yourself lucky if you get the hundred bucks, and be glad he's only stiffed you for three hundred.
Anonymous-0
Well-known Member
Do that, I'm sure they are busting to get rid of their cash.Best not to hold your breath.
Hard times may come to you.How do you know you wont get the full amount?Bad things happen to people.Visted a friend Sunday. Hes just had an operation on his neck because his hands and arms are going numb.Another friend has a metal rod in his spine with 5 screws in it.Another is due for a heart operation, another had a bad heart attack last June.I forgot to ask the fellow with the neck operation if he needs any firewood this fall.If he does I bring some free.Go visit the man and see for your self what his problems are.
Theres a big difference between deadbeats and those who are out of work, have medical problems and have had their vehicles repoed and cant travel to a job if they could find one.I picked up a fellow who was hitch hiking with a 5 gallon can.He was going to the store for kerosene.The oil co would no longer put kerosene in his 50 gallon drum.He was out of work because of muddy conditions in the woods.He had no gas money for his car.He was getting by doing odd jobs for neighbors.My son is 150 miles from home working as a carpenter.No work here.I see many new pick ups and cars for sale along the road here.Same with boats.You aint seen nothing yet.Home forclosures are up 25 % in August over last year.
GOOD MORNING MY GOOD FRIEND;
You Know you could look at it this way, You may
not get your money, but what is wrong by letting
him slide in hard times like this. Because you may be in the same boat some day.
We all hope not but it is possible. Yes we need our money whin we need it but things change at least he dose not owe $4000.00 or more.
Have a great day and keep smiling and every one will wonder what you are up to>
JR.FRYE
Seems like you're jumping to conclusions.....
Was the customer on SS when he hired the OP to mow?
Do you know the OP's financial situation? Business is tough right now. Maybe he needs the $300 to stay afloat himself!!!
Are you saying the OP could only be considered to have good character if he offers a lending hand to these people? I'd question the character of someone that hires work to be done that can't pay for it.
It's quite likely the customers didn't have any control over some of their problems, but seems to me they brought this one on themselves. I didn't see the OP mention anything about trying to intimidate them. He simply wants to collect a debt owed to him.
Before I got in my medical situation,
That's just ONE of the reasons I didn't go into business for myself.
Sucks, don't it.
You're a better man than I,
I'd have my guts ate up with ulcers farmin or tryin to run my own place...
good luck with whatever route you take.
I believe, and you may probably know, there is an amount after/before a period of time that can be written off on taxes for just this scenario. Check into it with a bookkeeper, or the guy who does your taxes if you don't do them yourself.
Not like cash money, but it may help, if possible.
That's just ONE of the reasons I didn't go into business for myself.
Sucks, don't it.
You're a better man than I,
I'd have my guts ate up with ulcers farmin or tryin to run my own place...
good luck with whatever route you take.
I believe, and you may probably know, there is an amount after/before a period of time that can be written off on taxes for just this scenario. Check into it with a bookkeeper, or the guy who does your taxes if you don't do them yourself.
Not like cash money, but it may help, if possible.
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