I've been in business 15 years and never taken anyone to small claims court. ?ÿThis guy will be the first. His boundary is a subdivision lot and everything fit for 0.1' and there's a fence along a portion of the boundary he's refusing to accept.?ÿ
Are you taking him to court for refusing to pay for the survey? Or is he taking you to court for not holding what HE thinks is his property line?
As an FYI, even when you win small claims court cases they can be next to impossible to collect the actual judgements.?ÿ
I'll be taking him to court for payment. I realize I might not collect but I also figure I should experience the process at least once. Not particularly pertinent but I forgot to mention, my clients neighbor had to get a restraining order against him.?ÿ
In Oklahoma it's easier to file a Mechanic's & Material lien on the subject property than to mess with SC court.?ÿ It places an outstanding lien on the property that must be satisfied if the property is ever mortgaged or used as collateral.?ÿ It must also be periodically renewed.?ÿ Make sure you have a good paper trail.?ÿ
You might get your money faster in court, but it usually pisses off the owner a lot worse because there is no chance for him to fight or argue, at least until a later date.?ÿ It also gives you a legal right to hound the hell out of him.
It is not the time, it is the professional service and amount of liability that the amount on the invoice is for.
Filing suit for theft of services will usually amount to a felony charge on his record, cost him bail money and fines depending upon the amount of invoice.
Filing Liens against the property are the best way to get paid for invoice plus any occurring expenses related to collection of fees.
Liens will cause their financial institution to demand them to clear the record of title or pay off a loan immediately and assure payment if ever they sell or borrow against the property to clear record of title.
It's my understanding that liens without a judgment backing them can simply be ignored. This probably varies by state but I will double check.
A properly executed and recorded lien is as good as gold.
I've learned the hard way that this is true in Maine too.
I would file a lien as a first step and renew it until he pays. Be sure to include the costs associated with the filing and the renewal in the wording of the lien so you recover that as well.?ÿ
If after maybe 2 years that has not worked then?ÿmaybe go to SC Court.
You're willingness to take him to small claims court because you feel like you need to experience it is a foolish reason.
Small claims court has worked fairly well for us. ?ÿFrequently the payment will magically appear once they have been served.
I just use a collection service,?ÿ they charge 50% on hard collections, but at least I don't have to get involved
Many steps of the lien process vary by state. That can include the time frame in which the lien may be filed, need for notice of intent to file before filing, what additional amounts you can recoup, requirements to perfect the lien, etc...
