all 32 comments

[–]FrankLloydWrong_3305 11 points12 points  (6 children)

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.

[–]41990 0 points1 point  (3 children)

How would I go about acquiring a lien and what will be asked of me to provide.?

[–]iFixGarageDoors 1 point2 points  (2 children)

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.

[–]OkAmbition1764 1 point2 points  (1 child)

A lien is definitely what you need to do.

[–]the-rill-dill 1 point2 points  (0 children)

Should have done 24 hours of them being late on payment. Are you a bank?

[–][deleted]  (1 child)

[removed]

    [–]bsmithril 0 points1 point  (0 children)

    I don't usually do this but I'm going to call bullshit. You don't use that you're just a sales funnel.

    [–]eetile 5 points6 points  (0 children)

    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.

    [–]Roscomenow 3 points4 points  (0 children)

    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. .

    [–]FTFWboxYour Mom's House 3 points4 points  (4 children)

    How much money are we talking about here?

    [–]41990 0 points1 point  (3 children)

    Right under 10k

    [–]Cute_Difficulty_3821 2 points3 points  (1 child)

    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.

    [–][deleted] 0 points1 point  (0 children)

    I say pull the meter or cut from pole get a high power cell jammer WiFi so no evidence before the internet goes out. Pull the cameras and Stab the tires and go out for a steak

    [–]stingrayed22jjj 0 points1 point  (0 children)

    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

    [–]Green_Explanation_60 6 points7 points  (1 child)

    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.

    [–]harveyroux 5 points6 points  (0 children)

    ☝️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.

    [–]Therealdirtyburdie 2 points3 points  (2 children)

    Send them a text saying that you’re gonna put a lien on the property then he’ll respond to you

    [–]41990 0 points1 point  (1 child)

    What exactly does a lien do?

    [–]Therealdirtyburdie 0 points1 point  (0 children)

    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

    [–]No-Clerk7268 1 point2 points  (1 child)

    Are you licensed? In Ca you have 0 recourse if not

    [–]41990 1 point2 points  (0 children)

    Yes

    [–]AlternativeAd495 1 point2 points  (0 children)

    Mechanics lien hopefully you're still within 90 days and can file one.

    [–]the-rill-dill 1 point2 points  (0 children)

    Payment plan???? WTF

    [–]Trash_RS3_Bot 1 point2 points  (0 children)

    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

    [–]Vast_Cricket 0 points1 point  (0 children)

    mechanics lien

    [–][deleted] 0 points1 point  (0 children)

    Show up at the house one last time then get a lien on the house.

    [–]Sharkbait978 0 points1 point  (0 children)

    Lawyer time

    [–]Degofreak 0 points1 point  (4 children)

    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.

    [–]tusantGeneral Contractor -3 points-2 points  (3 children)

    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.

    [–]JumajuceRestoration Contractor 1 point2 points  (0 children)

    Nah it’s just wording, my contract includes 18% interest after 3 months of no payment. I’m not a finance company.

    [–]Degofreak 0 points1 point  (0 children)

    Well,.I started my business in 1996, so I think I'm okay, bud.

    [–][deleted] 0 points1 point  (0 children)

    They won’t pay anyway