How to handle Landscaper who took advance of 10k 5 months back and finished maybe 2 %

[Akhila Kolasani]

Hi All,

I am currently stuck with a landscaper for 5 months who is not finishing his work as promised. Here is the situation:

We hired the landscaper mid december 2023. At that time he said the project will be done my Mid Jan 2024 or at the latest end of Jan 2024. He took advance saying that he needs to order the material. And then as days passed he kept giving reasons that it has been continuously raining and he cant start the process yet. We waited 2 months until end of Feb 2024 with all his reasons. Even after that he kept giving excuses for not starting the project. We got frustrated and gave him 3 deadlines over the next month for him to finish. He never met any of those deadlines. Finally,  sometime beginning of April we gave him a final deadline until April 30th to finish the project. If he doesnt finish the project by then, he agreed to return full 10K he took in advance by May 1st end of day. We have a written agreement and it has also been notarized. My worry is that it is almost end of the month and he still didnt do anything at all on the project.

What are my options if he comes on May 1st and tells that he has no money or that he will pay in installments? I dont want to give him another chance at all what so ever. My questions are:

1. Will small claim court rule the judgement in favor of us? what are the chances that it will order to return full 10k and not some small amout of it? 

2. Can i get a lien on his property? If so, how do i get it? 

3. Can i hire a collections agency? If so, what should i be aware of?

Thanks in advance!

Thanks,

Akhila

[Greg Scott]

1a) You should be able to get a judgement.

1b) You are probably going to have a hard time collecting.

2) Given the details you provided, I don't believe you can get a lien on his property. If he were employed by a company, you might be able to get wage garnishment, but that will be harder if he is an independent contractor.

3) If you have a judgement, yes, but keep in mind the collection agencies usually keep 50% of collections.

[Tom S.]

@Akhila Kolasani  Exactly as Greg posted above, getting a judgment would prob be the easy part, collecting on it, almost impossible unfortunately.

[Akhila Kolasani]

Quote from @Greg Scott:

1a) You should be able to get a judgement.

1b) You are probably going to have a hard time collecting.

2) Given the details you provided, I don't believe you can get a lien on his property. If he were employed by a company, you might be able to get wage garnishment, but that will be harder if he is an independent contractor.

3) If you have a judgement, yes, but keep in mind the collection agencies usually keep 50% of collections.

 Thanks for the reply, Greg!

BUt why cant i get a lien when the person clearly agreed to pay back in a contract and he failed to pay? 

[Akhila Kolasani]

Quote from @Tom S.:

@Akhila Kolasani  Exactly as Greg posted above, getting a judgment would prob be the easy part, collecting on it, almost impossible unfortunately.

 Thanks Tom! At this point, i don't mind going with the debt collectors after the judgment. I can also maybe put a hold on his bank account using the judgment. I am just thinking of different options once i get the judgment in my favor

[Greg Scott]

Quote from @Akhila Kolasani:

Quote from @Greg Scott:

BUt why cant i get a lien when the person clearly agreed to pay back in a contract and he failed to pay? 

In most states it is very easy to file a mechanics lien against a property owner.  This is to protect the small company that did work on the property and did not get paid.  Unlike a car, you often cannot repossess the work done.  For example, you can't repo a basement furnace.  If you had not paid your landscaper, he could have put a mechanics lien on your property.

In your situation, you were not working on your landscapers property.  Therefore, you have no right to put a mechanics lien on it.  You can get a judgement against him, but to to get a lien on his property would require much more than a judgment.  I suspect it is possible, but I can guarantee you would spend more then $10K to get a $10K lien on his personal property.  From a business perspective, that is moot point.