Advice on Liens please

[Sab]

Guys,
I know that you can put a lien on a house if work carried out has not been paid for. How do we stand if pool cleaning has been carried at a home. The renters actually asked us to start the service. Can we put a lien on a house if the bill has not been paid for by the renters.

[peter gold]

Sorry no

[Bobby]

Peter,

I'm quite sure Sab, and anyone else reading the thread, would like a bit more back up to your post, than just a simple "No"

I do agree with your answer, although I don't know the exact reasoning. I'll guess that the lien you are referring to Sab, is a contractor's lien. Used specifically by licensed contractor's who are unpaid for work done to a property.

If however you do hold a contractor's license and you have a signed contract to perform the work that is unpaid, then go for it. You can pick up simple lien forms at Office Max etc.

Just FYI. A friend of mine was able to place a lien on a property at the court in Osceola County, as a management company, for unpaid service fees, so depending on the amount involved there are things that you can try.

If I collected every unpaid bill over the years for pool service that I've written off, I wouldn't have to work this year!!
Protect yourself as best you can, but don't let it consume you over a few bucks here and there. Of course it's unfair when someone doesn't pay you and you want to go around and punch their lights out, but that's business. Everyone's out to get a piece of you.

Perhaps my little "karma" story will please you.

I installed a brand new pump and motor at a rental home for a woman who had a booking going in on the Monday and it was the Friday before, and her pool was green. I worked my aris off all weekend so that the pool would be ready, and she didn't pay me. I chased her for a while until I realized that I was spending far too much time on it, so I gave up. She called me about a year later (by mistake, I'd imagine), to tell me that her pump wasn't working and the pool was green. Karma. What goes around comes around. Her renters moved out and it caused her some heartache back. If she'd paid for it, the pump would probably still be running now!

Bobby

[chris]

Bobby,
Couldn't you have gone back and removed the items you put in as you hadn't been paid for them?
There is also Small Claims Court, which covers up to about $5000 and for about $150.00 you should get back what you require payment plus any interest, etc charges you want to sling at them. I did it once on someone who owed for about $600 worth of embroidered shirts. (You can sell someone else a shirt that carries another company logo and you can't remove it either). I did the Small Claims Bit. Spent a couple of hours in court, but got paid. You can an extra $5.00 and have the Sheriif deliver the court docs. I did and it worked.

[Sab]

Bobby,
The renters are moving out at the end the month. I am on the promise of tomorrow. The house is for sale and I am hoping via the realtor to get the home owner's phone number. What I am hoping to do is convince the homeowner to pay any remaining monies from their security deposit. If a lien is not possible I can't even drop it into the conversation.

I dont get too worked up about bed debtors. I have weeded out the bad payers and have a strict control on credit control. The money we lost in the first 6 months of the business was a small fortune. We are now stable enough to say to people we don't need their business.

Thanks for the advice.


Sab

[Bobby]

Bobby,
Couldn't you have gone back and removed the items you put in as you hadn't been paid for them?
There is also Small Claims Court, which covers up to about $5000 and for about $150.00 you should get back what you require payment plus any interest, etc charges you want to sling at them. I did it once on someone who owed for about $600 worth of embroidered shirts. (You can sell someone else a shirt that carries another company logo and you can't remove it either). I did the Small Claims Bit. Spent a couple of hours in court, but got paid. You can an extra $5.00 and have the Sheriif deliver the court docs. I did and it worked.

Thanks Chris,

I generally give people the benefit of the doubt to begin with and 30 days then becomes 60 days etc.
I'm not so sure that you can go take the equipment back. I had thought of changing my invoicing to read "all equipment, parts and supplies remain the property of Kissimmee Pools until paid for in full" ...but I haven't bothered. ....Oh! the apathy!
My carpet guy tells me that once he's installed a carpet he cannot take it back out even if he's not been paid. Can't even take a tack up he said. Wonder why that is??

Bobby

[Sab]

Sorry Chris, did not see your post. I have always been told it is illegal to take back motors/pumps etc. Anyway I have no way of extracting chemicals from a pool. I have already paid the gas and the pool cleaner.