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Ot: rant, legal ?

J

JayinNY

Well-known Member
I have been mowing a lady's lawn for 6 years. I have raised my price accordingly. I told her a few years ago that the lawn
Was growing out of controll for a every 7 day mowing, she has it fertilized 8 times a season and waters it on top of all the rain. Well this spring I told her I had to charge her more after having had to mow it 3 times to make it look good. She is a hot shot lawyer. She told me no way, you agreed to do it for this much, you forget I'm a lawyer, ect. So I said ok we will do it for the amount stated. So we came in June and august, mowed the 10inche grass with our mower decks all the way up, there were clippings and clumps all over the lawn. We did as my contract said, mow and trim, does not say bagging the lawn and hauling clippings away. Well she dident pay for June, so I dident mow in September. Today I get a letter from her office, she claims I breached the contract, ruined her lawn, paid another company a signifacant amount to clean up the lawn, and if I tried to collect any amount from her, she would file a civil action lawsuit against my company! Lol,, oooo I'm shakin in my boots, dose she really think I'm gonna waste my time over $486 dollars? I'll just write it off. Amazing how some attotneys think there untouchable! Lol
 
The fact that you posted this means you ARE concerned. Let her take you to small claims court. You might be surprised that the judge might not like her. Show up dressed clean, good shirt, suit trousers, at least, answer the judges questions, and hers, tell your side of the story. Be respectful, and answer directly, succinctly. If you can make a timeline of what you said to her, when, and back any of it up, with bills, or notes you left her, or answering machine messages she left you, that goes far in proving your side. Most it can cost you is the disputed amount.
 
I would let this sleeping dog lie. She will probably not try to collect damages if you do not try to collect your fee. All bets are off if you do.

Dean
 
I don't think you guys are understanding me, I don't care to go after her and collect from her. I was just saying how these lawyers throw there weight around. She can take my $400 and some odd dollars she ows me and stick it were the sun don't shine, there will be no day in court.
 
Let it be, aint worth it, she knows system and can drag you thru it. Chalk it up to her IQ and betcha the other company not working as cheaply as you did.
 
Let her get away with it and she'll do it to the next and the next and............ and it'll catch on till everyone's doin it.......
 
Put that letter in front of a judge in Fort Bend County TX and that lawyer will lose the suit quick. Our Judges absolutely despise the attorneys abusing the general public that way trying to get out of a bill.

Probably not worth the $ and time it would take to pursue it. BUT I have done it just out of spite. It is so much fun to rub their nose in it and get them to pay you and your attorney. I've sued and won against attorneys and leo's that wouldn't pay me.

You might even think about filing a complaint with & sending the letter to the BAR association to see what they think about it.

You might find an attorney that specializes in suing attorneys and see what they have to say about it.
 
Do what you need to, what you can live with, BUT that b itch just made about $500.00 in 15 mim. and her only tool was her mouth.
 


Lesson learned. Why would you work for a lawyer in the first place?? We hear these lawyer stories all the time. W4
 
Lol, ya I don't know why. What a snake. Other lawyer I work for since 1998 has been a great guy!
 
Water ballon full to Atrazine or Roundup should do the job.

Maybe a little Tordon around some trees.

People like this deserve to get screwed with.

Dont get mad, dont get even, get ahead.

And before everyone jumps my case, I'm just jokin' ( a legal disclaimer tactic)



Gene
 
Jay, I know exactly where you are coming from. But like others have said, if you did seek justice through the court system, you would be playing on her home turf.
As a personal case in point, my wife was involved in an auto accident wherein the other driver was cited by State police. My wife was injured and incurred medical bills and lost time from work, and still suffers pain from injury. We hired a lawyer to prosecute the case. He said upon first taking the case that his fee was 30% funds paid by other ins. Co., EXCLUDING the pitiful $750 that they first offered (that money was our, regardless). After our court case was won and funds were distributed, HE claimed the $750. I called him on it and he said that the other ins. co. withdrew that $750 offer before court. I tried to file complaint with State Bar.... they said "They do not get involved in disputes between lawyers and cliants."

They are a slimey lot that are only interested in their own self interest. Oh, and that lawyer? He is now a JUDGE!
 
Hahaha lol, I like that, years ago a friend of mine got ripped off by a coustomer, he said, a Stewarts coffee cup full of round-up with a loose fitting lid throwen on the lawn will make me happy! Lol
 
I'd show up in small claims, identify what you did in June and how it complied with your contract and then point out she breached the contract when she didn't pay, might be surprised what a Judge will if you ask them. But the bottom line is you were dealing with a lawyer, it's like a snake you need to expect to get bit, however the legal profession does have some responsibilities and aren't supposed to use the courts to extort money or services by filing frivolous lawsuits and sometimes the Judges like to slap them around when they do.
 
I understand you say your not worried about it, but I've got to agree with Dave2 on this one. For her to do this to you means that she has probably done it to others. That being said, just because you can do without the money doesn't mean that others she has screwed over could afford the same. So, point out exactly what the contract says, send her a bill just like always, and dare her to take you to court. Being a lawyer she knows that you didn't breech the contract, she did, but she thinks by trying to throw her 'title' of lawyer around it will scare you. Just remember, she puts her 'drawers' on one leg at a time just like the rest of us....Call her on her BS and make her pay. The ask for damages for your time spent pursuing her for the bill, etc, etc. Whatever you do, MAKE HER PAY...

Of course there is the alternative that others have already mentioned. I've got a buddy that got royaly screwed by a customer and it cost him a good bit. Like you he wasn't worried about the money, but he also knew she had screwed over another landscaper that he knew. His answer was a few handfulls of a granular 'weed killer'. Said it started out as a few small brown spots and the more she fertilized and watered, the larger the spots got. Within a few weeks she pretty much needed a new lawn...... Right, wrong, or indifference, he said revenge was really sweet.........
 
If you take her to small claims court, she can have it moved to magistrate court and then it can- will get real expensive for you. Take the loss like you said and don't look back.
 
She wouldn't bother suing in Texas anyway because a judgment in Texas isn't worth the paper its printed on. She couldn't enforce it unless she sues someone filthy rich.
 
Sorry, Jay. Before joining the service, I ran a drywall business. Every now and then someone would get me to agree to a job that wasn't profitable. If it was because the scope of the job changed, I would generally opt out, but if I started the job, it had to be completed to the same high standards as every job. When someone sees your work, they don't know what was paid for it, but they can see the quality of the workmanship that you did. It has been my opinion that the ultimate end of every job must be a quality job done. I would never have done another job for her again, if I got stiffed, but whatever job carries your name should be of the quality that you want future costumers to see. I don't see her seeking any recourse, but, you got to maintain the highest standard of quality on every job, even though on some small occassions a job may not turn a large enough profit. It sounds like you contracted that job, last season and now have higher prices, but, if you made a deal, you have to honor it. I realize that people like her are frustrating, but, your business reputation is the quality of the work that people see. Believe me, even if you do a job for cost, if the quality drops people will never know the deal you gave, but, they will see the quality.
 
If you were doing her work for six years, I don't believe she was being flighty. Costumers that I do business with for six years get perks. I tend to treat a 6 year business relationship like gold, I would be crunching numbers like there's no tomorrow to find a way to get her job for the price she was expecting.
 
Jay, on second reading, I agree with the write off approach. One other thing though, clam up on the revenge techniques, and using her name in this post. Could get you in trouble, having a public conversation, which can be googled! I personally wait 1 year, and speak of no knowledge of revenge techniques on public forums.
 
I read all of the posts and I will tell youa lawyer story that will make this TRACTOR related. I worked for the Allis Chalmers agency and we worked on all makes. local attorney had several tractors including a Ford 860 We overhauled the engine on the 860 and about a month later after several days work in loose dirt the engine was smoking and usung oil. When it was torn down we found that the air cleaner hose was broken. Also the fuel tank was leaking. We did the engine and hose at no cost by our warranty and replaced the fuel tank. We only charge for the tank (1963 about $180) He refused to pay for the tank. We wrote it off. We badmouthed him just between us in the shop !
 
I'm not sure but would cutting grass constitute property improvement for the purpose of filing a lien? I know landscaping does.
 
When I cut/sold firewood,I cut for poor,elderly,welfare,whites,blacks,and run a FEW credit accounts.
Hardest $$$ I ever collected was from a Att.
Another "one" called asked the price,when I quoted,he started whining,wanted it $5.00 less,I told him to cut it himself,hung up.
I'm living well with neither the snakes money.
 
We used to have a term called "farming the lawn". Jump the curb with a 4X4 and nail the gas. If you have decent tires all that fertilized grass will be pasted to the front of their building and in the middle of the street.

Just make sure you don't rip a tire open on the sprinkler system.
 
I feel for you Jay. I really do. But, you had the chance to turn the job down, and didn't. That's where you made your mistake. You agreed to do the job for same quote. She expected the same quality you gave her in the prior 6 years. This is how the legal system is going to look at it. A hard lesson to learn, but you will never forget it.
 
Try this one on for size.
I was contacted to spray a soybean field that was Roundup ready. Was told RR by the grower and the person who sold the seed. The next day, yep very next day the beans are starting to die. I got a hold of my chem rep., and county extension office. Told the grower to get a hold of his seed guy. Well it wasn't RR seed, and seed company took responsibility. Only 80% or so beans were dead and he combined the rest and was paid market for his loss. Now the gun barrel is pointed my way because I did not know they were conventional beans and killed them. I'm expected to pay the same amount for negligence. I AIN'T and THERE SUING.
 
Jay,Ive been doing this type of work for 20 years,I agree with Bob,If you have a coustomer for 6 years and pays good do every thing to keep them.I never raise prices on any of my coustomers,most all of them give me a increase every year or two.I had a coustomer for the last 7 years that I started out as a favor and did it to cheap,and he was also cheap,but my money was there.He finally bought his own mower and now I miss his little money.I dont know how much per hour you charge but a yard is only worth a certain amount.I try to get 50 dollars per hour,most farmers who has a million dollars invested doesnt make that type of money

jimmy
 
I say RIGHT ON as some here know I'm a "Country Lawyer" who didnt even go to Law School until in my forties years AFTER I already had a "real life and career" as an Engineer, Farmer and Tractor n Truck dealer. In law school I had occasion to observe how so many young kids came into school with one attitude but emerged as sort of cocky and stuck on themselves and better then the common man grrrrrrrrrrrr

Note I'm NOT saying all are that way but unfortunately many seemed to develop that air and attitude. Of course, its like many professions, there are good and there are bad. Ive worked with some fine professional polite courteous (many a bit older) attorneys and Ive worked with some cocky arrogant smart A$$ (many younger) attorneys.

I wouldnt paint the entire profession one way or the other, there are good and bad, but the person you describe sounds "cocky" to me, Id tell her to "kiss your grits"

One more thing, I'd consider Small Claims Court as an attorney doesnt really have much if any advantage there over yourself and DONT BE AFRAID OF HER THREATS just smile and say "fine" see you in Court and go in and have your ducks in a row and all your evidence in a systematic orderly chronological fashion and have pictures etc etc. Just because shes some hotshot know it all braggart sttorney really dont mean much if the Judge is honest, unfortunately many play golf on Wednesdays and are buddies grrrrrrrrrrrr lol

Best wishes n God Bless and hang in there

John T "Country Lawyer"
 
Friend of mine tells about a local lawyer. The lawyer is on all the boards in town. His DIL is a judge. His son is also an attorney. Seems the lawyer had his car repaired at the local GM dealership. When he came in to pick up the car they presented him the bill (about $400). He told them he wasn"t paying and if they thought they could get the money- go ahead and try. Needless to say they let him go. Rich people...they are something else.
 
id just write it off but as your in that businessmen, quietly let your competitors know of her doings that way they wont get took by her and she will have a little harder time getting somebody else to do her yard, but she is a lawyer so be quiet about it, or she'll get another chance to grandstand in front of a judge when she serves you with a slander suit, lawyers get their adrenalin rush by playing to a captive audience in a courtroom, it dont mater if its true, any lawyer can make their own 'truth' the first thing i would have done is dumped her when the word lawyer came out of her mouth way back, you cant work for one of these people and come out ahead, ive learned that the hard way myself
 
Why did you do business with her for so long? I would have fired her a long time ago! I'm sure anyone who has a business has dealt with "Jacks" and Ginnys". However, doing business with a Lawyer whom thinks they are second in importance to God are the worst (speaking from experience).
 
Give us some more details. What exactly does your contract say? Does it specify how many times the grass is cut per month or week? Does it specify what height it is supposed to be cut at? Does it specify anything about excess rain and/or fertilizing? She's a lawyer, how would it look to potential clients of hers if she was being sued? Most lawsuits are public knowledge. We used to have a magazine here that had a little section called, Who's suing who? Mostly it had more prominent lawsuits but it is not illegal to list lawsuits that are filed with the courts. Something to think about...
 
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