This guy just straight out decided to tell me he was stiffing me. Unfortunately I didn't get there before his silt fence guys did, but I did make it before his graders and concrete guys.
My preference is to get paid. Lien the property. Now you added to your loss by taking extra time to pull the stakes. It may feel good but it doesn't pay the bills...
What an a#%. Concrete guys better get cash on delivery! I used to work for a guy who did the same the to a nonpayer. That turned into a brawl in an office trailer and a court date. Boss said the shots he got in were worth it :hi5:
So suppose he says you misunderstood him, and he's going to sue you for the costs the delay will incur.
If you had left the stakes, you could probably have filed a lien.
I've repossessed more than one survey during the last 40+yrs.
I have no sympathy for anyone that does not pay me or other surveyors for their survey.
[sarcasm]Let their equipment stand still till it rusts solid and their crews sit home drawing unemployed compensation. I don't care that their closing is not happening if I am not included among everyone that is getting paid. The banks can hold their breath until the Federal Reserve asks for the keys to their front door if the check has not cleared. The Realtor can sit and watch their vacation house being auctioned off while I am waiting for the green. I will release the lien on your property when you show me the money and put it in my hand. No it does not bother me that you are contacting another surveyor because you failed to pay me, I've contacted and let the other surveyors to be on the look out for your call.
[/sarcasm]
B-)
Why would you want to document this on a public board for the whole world to see?
> My preference is to get paid. Lien the property. Now you added to your loss by taking extra time to pull the stakes. It may feel good but it doesn't pay the bills...
The lien is filed. I've got plenty of money. Sometimes there are things that are worth doing just because.
> Why would you want to document this on a public board for the whole world to see?
If you don't make your car payment it is a secret that the bank comes and takes your car?
If you are scared get a dog.
> So suppose he says you misunderstood him, and he's going to sue you for the costs the delay will incur.
>
> If you had left the stakes, you could probably have filed a lien.
Kind of my thoughts Bill. In essence, he didn't do anything for the guy. Thus is not deserving of payment since he didn't complete his end. Besides, it didn't look like a lot of stakes. Some places you can get in trouble for removing things for non-payment
Didn't you just revoke your lien rights by removing the stakes?
Not a well thought out plan of action.
Instead of pulling them, you should have rearranged them.
> Didn't you just revoke your lien rights by removing the stakes?
>
> Not a well thought out plan of action.
Do you think a lien is an automatic ticket to payment? Ever won a lawsuit? That piece of paper saying he owes you $2k doesn't mean jack. If someone is going to not pay you the law will not go take money from their pocket and give it to you. A lien takes 5 minutes to file, so I filed it. It expires in a little over a year here and you have to refile. IF a bank is involved you MAY get paid somewhere down the line, maybe not. This was a $1,200 bill. I'll never see that money. Whatever, it happens, cost of doing business. He will not benefit from my loss anymore.
Some of you guys are scared of your own shadow.
> Instead of pulling them, you should have rearranged them.
I like that!
Most States (mine included) exempt materials from attachment. Your removal of the stakes would probably get you a petit theft charge around here...
"Didn't you just revoke your lien rights by removing the stakes?"
Well, maybe so. But the lien is filed, so now the whole world knows the man is a deadbeat. The stakes are pulled, so the deadbeat can't benefit from them and has to go get someone else to redo the work.
I don't know all the particulars about this situation, but I have done this very same thing a few times in the last 25 years. Kinda makes up for those few other times when I had no recourse to collect my money and had to live with the screwin'.
Apparently my boy Snoop don't hang around here often enough anymore for folks to get a handle on the finer points of his modus operandi 😉
[flash width=420 height=315]//www.youtube.com/v/C3icBcr1_Tw?version=3&hl=en_US[/flash]
You can throw me in the Colbert County jailhouse.
You can throw me off the Wilson Dam
But there ain't much difference in the man I wanna be and the man I really am.
We ain't never gonna change.
Just what if you "re arrange the stakes" and then they build stuff wrong, they figure it out, and PAY YOU, then sue you for staking it wrong?
Just a thought.
N
What I fail to comprehend is why he would not wait until after he's benefited from your stakes to tell you he's going to stiff you on payment. :-S
Welcome back old friend.
Long time no see.
Been too busy making money?
Is there any law stopping you from resetting the grade stakes in a nice pattern? The letters F and U come to mind.
Perhaps it would be trespass at that point, but you could always state that you needed to make an adjustment.