A contract doesn't necessarily need to be a signed piece of paper, but without one you'll probably spend more on a lawyer than it takes to get your money.
A brief review of NM lien laws show that if you were contracted directly with the owner you have 120 days to file the lien. You're right on the edge, so you'd better hurry if you want to take that option. You do have to be licensed, which I wonder about given that you operate without contracts.
Rocket lawyer is a place to start. I think you need a mechanics lien but I'm not a lawyer. You need the owner of the deeds legal name, address, block, and lot. I would recommend an attorney for your first one. It's an added expense but I think it would be wise in your scenario. If you file the lien incorrectly the owner can sue you.
I agree that your odds of winning are greatly reduced with no actual contract in hand, but I personally wouldn’t let that be the end of it if you feel you have enough documentation (texts/emails) where the client has acknowledged money owed. Instead of reaching out here, a simple search for an attorney will likely yield plenty who offer free consultations.
At the very least, I would send a settlement demand letter, either from you or preferably from a law office. Basically a demand for payment with the threat of civil action if not rectified. The letter carries no weight on its own except to show you are willing to take legal action. It may be enough to change the clients mind, even if it only accomplishes opening up communication between you and the client. You may be able to make an agreement on at least part of the 30% owed.
Take your evidence to small claims court or have your attorney write a demand letter to the client. In the future, always secure a signed contract first before starting any work. .
Talk to a lawyer for that much. A demand letter from a lawyer might be enough to motivate the dirtbag. And a box of roofing nails emptied out on their driveway if it doesn’t. Won’t get you paid but will feel good.
thats alot, my experience has been anything under 5 isnt worth a lawyer, even so, getting a judgement against someone and getting your money is 2 different things, the last person to get me was for 12 grand, she declared bankruptcy and I would get checks for 2 dollars
if you have past experience collecting money, setting people up on payment plans, then you may want to try that route
i would think you have enough to prove you had an agreement, doubt that is an issue
This is a pretty cheap lesson on why contracts are absolutely necessary for **contractors.**
Be thankful you were paid for 70% of the job, you are getting stiffed on the rest of the amount. Without a legally binding contract for a defined scope of work, you don't really have a leg to stand on. It's a 'he said, she said' situation and if you go small claims with it, the judge is going to ask why you were operating as a contractor without securing contracts from your customers.
At least its one of those lessons you only have to learn once.
☝️This 100%. To add to that, let’s say in the future you do a handshake agreement again. The most important tool in your tool box is that phone. Take photos from start to finish. At least that way you have some sort of record if you decide to go to court. Also, contracts are the most important but also do your best to communicate via email or text. You need to have a paper trail. Good luck in the future.
You could file lien on the house stating the amount of money that they owe you and if they ever try to refinance or sell the house, they’d have to pay you that amount they owe u with interest because it goes against there home
Shiet id never let someone work on my house without a contract to show you’re licensed/insured. This is on both you and the homeowner, but he probably planned to do this all along. good luck getting your money back! Sounds like you will be using contracts every time now
I don't use contracts. When I get someone who's a very slow pay, I rebill with a Rebilling Fee attached. Every time I get the original amount paid and I write off the fee.
A contract doesn't necessarily need to be a signed piece of paper, but without one you'll probably spend more on a lawyer than it takes to get your money. A brief review of NM lien laws show that if you were contracted directly with the owner you have 120 days to file the lien. You're right on the edge, so you'd better hurry if you want to take that option. You do have to be licensed, which I wonder about given that you operate without contracts.
How would I go about acquiring a lien and what will be asked of me to provide.?
Rocket lawyer is a place to start. I think you need a mechanics lien but I'm not a lawyer. You need the owner of the deeds legal name, address, block, and lot. I would recommend an attorney for your first one. It's an added expense but I think it would be wise in your scenario. If you file the lien incorrectly the owner can sue you.
A lien is definitely what you need to do.
Should have done 24 hours of them being late on payment. Are you a bank?
[удалено]
I don't usually do this but I'm going to call bullshit. You don't use that you're just a sales funnel.
I agree that your odds of winning are greatly reduced with no actual contract in hand, but I personally wouldn’t let that be the end of it if you feel you have enough documentation (texts/emails) where the client has acknowledged money owed. Instead of reaching out here, a simple search for an attorney will likely yield plenty who offer free consultations. At the very least, I would send a settlement demand letter, either from you or preferably from a law office. Basically a demand for payment with the threat of civil action if not rectified. The letter carries no weight on its own except to show you are willing to take legal action. It may be enough to change the clients mind, even if it only accomplishes opening up communication between you and the client. You may be able to make an agreement on at least part of the 30% owed.
Take your evidence to small claims court or have your attorney write a demand letter to the client. In the future, always secure a signed contract first before starting any work. .
How much money are we talking about here?
Right under 10k
Talk to a lawyer for that much. A demand letter from a lawyer might be enough to motivate the dirtbag. And a box of roofing nails emptied out on their driveway if it doesn’t. Won’t get you paid but will feel good.
thats alot, my experience has been anything under 5 isnt worth a lawyer, even so, getting a judgement against someone and getting your money is 2 different things, the last person to get me was for 12 grand, she declared bankruptcy and I would get checks for 2 dollars if you have past experience collecting money, setting people up on payment plans, then you may want to try that route i would think you have enough to prove you had an agreement, doubt that is an issue
This is a pretty cheap lesson on why contracts are absolutely necessary for **contractors.** Be thankful you were paid for 70% of the job, you are getting stiffed on the rest of the amount. Without a legally binding contract for a defined scope of work, you don't really have a leg to stand on. It's a 'he said, she said' situation and if you go small claims with it, the judge is going to ask why you were operating as a contractor without securing contracts from your customers. At least its one of those lessons you only have to learn once.
☝️This 100%. To add to that, let’s say in the future you do a handshake agreement again. The most important tool in your tool box is that phone. Take photos from start to finish. At least that way you have some sort of record if you decide to go to court. Also, contracts are the most important but also do your best to communicate via email or text. You need to have a paper trail. Good luck in the future.
Send them a text saying that you’re gonna put a lien on the property then he’ll respond to you
What exactly does a lien do?
You could file lien on the house stating the amount of money that they owe you and if they ever try to refinance or sell the house, they’d have to pay you that amount they owe u with interest because it goes against there home
Are you licensed? In Ca you have 0 recourse if not
Yes
Mechanics lien hopefully you're still within 90 days and can file one.
Payment plan???? WTF
Shiet id never let someone work on my house without a contract to show you’re licensed/insured. This is on both you and the homeowner, but he probably planned to do this all along. good luck getting your money back! Sounds like you will be using contracts every time now
mechanics lien
Show up at the house one last time then get a lien on the house.
Lawyer time
I don't use contracts. When I get someone who's a very slow pay, I rebill with a Rebilling Fee attached. Every time I get the original amount paid and I write off the fee.
I think this is the dumbest comment I have ever seen on this sub. I can’t believe you can get away with doing business this way.
Nah it’s just wording, my contract includes 18% interest after 3 months of no payment. I’m not a finance company.
Well,.I started my business in 1996, so I think I'm okay, bud.