I just learned a valuable lesson!!

[DCS]

Boy, it's been a long time since I posted on here.

I did some tractor work for a guy a while back and charged him $350 that he agreed to. After I was finished, I sent him the invoice for $350. After a month or so I have not received my check so I sent him another one. After 6 or 8 months of leaving messages, sending invoices, and calling, I finally filed theft of service charges.

I found out today that my case was dismissed because of no written contract. I have done work for this guy for several years and never had a problem.

So, the lessoned learned, for $350 is to: ALWAYS HAVE A SIGNED, WRITTEN CONTRACT!!

 

[Z-Michigan]

Definitely a good idea, but in most states an oral contract for that kind of service would be perfectly enforceable. I'm not a Texas lawyer and don't know Texas law on that point, but I am a bit surprised by the dismissal.

 

[LBrown59]

Definitely a good idea, but in most states an oral contract for that kind of service would be perfectly enforceable. I'm not a Texas lawyer and don't know Texas law on that point, but I am a bit surprised by the dismissal.

So is I.

 

[Bird]

An oral contract is enforceable, but . . . . if there are no witnesses except the two people who entered into that contract, and one of them denies there was ever any agreement; one's word against the other's word, and what can the judge do?

 

[Scooby074]

If the Peoples Court has taught me anything, its get it in writing. Still pretty crappy that the guy stiffed you. Dishonest people tick me off.

 

[johnk]

It is really sad people can lie with a straight face with no remorse. I feel guilty when I tell people what I would charge them even though its fair. I kind of just do things for myself lately and I have no regrets. I guess when it comes to the almighty $$$$ you find out whom your friends aren,t

 

[53gravely]

...put a little sugar in his gas tank ;-)

 

[smfcpacfp]

Theft of services sounds like a crime. Why not go to civil court?

 

[DCS]

I think Civil court would wind up the same way the criminal court did. His word against mine.

Also, what the lawyer at the DA's office told me was "That in order to convict someone on Theft of Services, you have to prove intent." In other words, I would have to prove somehow that he never intended to pay me when he hired me. How in the world would you do that?

Like I said, I guess I just bought myself another one of those lifes little lessons. They will get me once, but not twice.

 

[yomax4]

Minnesota has Small Claims Court for He Said She said Claims up to $1000. The Judge decides who is telling the truth. You Would Get Paid in MN.
A Hand Full of Shingle Nails in the Driveway goes a long way too.

MM.

 

[horse7]

It doesn't seem strictly a "he said she said" since work was done in the past and paid for, it is reasonable to expect that work done recently would also be for pay and not a freebie.

However, it is probably better to just accept it as a lesson and wonder who the deadbeat will stiff next time. Might come back to haunt him when emergency work is needed, and the price has mysteriously become much higher and cash in advance.

 

[sixdogs]

I believe you would have a case in Small Claims Court, especially in Texas.

 

[DanD78]

Show up with your tractor and tell him you are here to un-do the job you did.

Dan

 

[skipro3]

What?!
Did the judge think you did the work just for giggles?

If you were denied your claim due to no contract, then why doesn't the neighbor file charges against you for vanalizing his property with your tractor?

I would think if you had shown past payments for verbal contracts that it would stand to reason there was a pattern of your neighbor and you doing business this way.

Did he deny that he asked you to do the work or what? More details!!

 

[wedge40]

In small claims court don't BOTH party have to be present? Need to file the complaint and make sure it's in the middle of his work day or better yet his vacation. I agree with one of the comments. I'd show some day with a plow and undo my work. You can get a used plow for abut $300.
Look for evidence of the last few times he hired you AND PAYED you.

Wedge

 

[Gary Fowler]

The problem with civil courts and payments is that they cant make the guy pay the money even if found guilty. You could file a judgement agains the property, but still not collect anything and if he is not planning to sell, then you would just wait it out. I am reminded of a tale by a landlord who had several houses for rent, he had one renter who wouldnt pay (California ) and when he tried to evict him, he had to take him to court. The guy would loose the court case, pay him $5 on the judgement and never pay again. He would then have to take him back to court. He said this went on till the guy moved out on his own after more than a year of rent free living. Best thing is to just take you lumps and pass the word around town that the guy wont pay. His good name will suffer much more than $300 if you let all the folks you meet know the non-payment of debt by this person. If you talk it up right, he will wish he had paid you for sure. Not a lawyer, but I cant see this being a slander issue either

 

[gotrocks]

It is really sad people can lie with a straight face with no remorse. I feel guilty when I tell people what I would charge them even though its fair. I kind of just do things for myself lately and I have no regrets. I guess when it comes to the almighty $$$$ you find out whom your friends aren,t

You think any of those people that I heard/saw on TV last Sept - Oct - Nov had a straight face?

I think I've posted this before but here it is again;
"You go into court as a pig and come out as sausage."

 

[Mike Costello]

Word of mouth will hurt the guy worse than if he had just paid for the work as agreed upon.

I once saw a man get even with a dealership he had a problem with and apparently had no satisfaction. He parked his pickup out front on the street with a bed packed full of lemons and a big sign. He gave away the lemons by the bag full and "discussed" his problem with anyone who would listen. It soon attracted a TV news crew and made the evening news. The dealership called the cops on him, but they said he was on a public street and legally parked. The cameras cought it all!
I'll bet that dealership wished they had taken care of him. What comes around goes around.

 

[Bird]

Word of mouth will hurt the guy worse than if he had just paid for the work as agreed upon.

I once saw a man get even with a dealership he had a problem with and apparently had no satisfaction. He parked his pickup out front on the street with a bed packed full of lemons and a big sign. He gave away the lemons by the bag full and "discussed" his problem with anyone who would listen. It soon attracted a TV news crew and made the evening news. The dealership called the cops on him, but they said he was on a public street and legally parked. The cameras cought it all!
I'll bet that dealership wished they had taken care of him. What comes around goes around.

Many years ago, in Dallas, a fellow painted his car with big lemons all over it, and then parked it every day for quite some time across the street from the dealership where he had bought it.

 

[Bird]

I see some suggestions in this thread to do some illegal things. Such posts should NOT be made.