i can't get paid for a clean out job-what should i do?

K...so I was contacted by a real estate agent to clean out a rental house. I met the agent over at the place and we agreed on $600 for about 75 cubic yards-I KNOW CHEAP!

So halfway through the job he said he had to go but brought me a paper with the owners address and name for the billing. Before the agent even left the owner showed up. He added about another 10 yards to the plie. I DID NOT CHARGE HIM EXTRA! Well we finished before the owner left. I tried handing him an INVOICE. He said "mail it to me". Well I did and 2 weeks later I still hadn't recieved a check. So I went to the owners house. He claimed he never received my INVOICE. I was prepaired for this and handed him a new INVOICE. He said he's get the check mailed out later that day. 2 weeks later and still NO check. I feel he could of paid me the same day I did the job as he was there when we finished. BUT NO! I feel he could of again of paid me when I hand delivered him a new INVOICE to him...but again NO. I feel like dumping a 200 cubic yards back off at the house.

What should I do?

Do you have a contract?

No but I do have a copy of the real estate listing where the agent wrote the owners name and address and the amount to bill him in the agents hand writing. He wrote the info on one of the papers that was in the water proof box under the FOR RENT/SALE sign. Atleast he didn't write it on a napkin

But I don't see anything that says the owner AGREES to pay you or for what.

Education costs. You just got an education.

Yeah you're right MICK. I think i just took a class in CONTRACT-101 that cost me $600. But hopefully the next guy doesn't cut him such a good deal on the 200 yards of wet and slimey and stinky trash i'm going drop back off and scatter on the property if I don't get paid by friday

Let us know how it turns out. Be careful with the "delivery". He could bring charges for vandalism or something like that.

try contacting the local board of realtors and making a complaint. Also, is he independent or with a corporation? go to his superiors if possible.

If its just one guy, call him every day. show up at his open houses and bug him. Ask loudly when you'll be paid for services rendered. When he sees you talking to his potential clients he'll get nervous.

Once he sees that it costs him more to ignore you than pay you, you'll get that check...or maybe just ask for cash! :)

Who should I hound? the OWNER or AGENT? or BOTH?

the agent will be easier to hound since he's more "accessible". Then he can go to the client and put pressure on him.

Also, you can try this. Send the owner a certified letter stating if payment is not received in 10 days you will initiate a lien on the property. Without a signed contract your odds of actually being able to get a lien are low (but laws vary by state - some are easier than others), but the threat may be enough.

The lien process is designed to ensure that contractors and sub contractors on a job get paid, by allowing them to stop the future sale of a property until they are compensated. I experienced this firsthand when a contractor had fuel delivered to my property for a job, then didn't pay. the owner of the fuel company could legally place a lien on my property under Ohio law...all over $260 in diesel! I ended up withholding the money from the contractor's bill and paid the fuel company directly, thus avoiding the lien.

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Originally Posted by NoMoreScrapLeft

K...so I was contacted by a real estate agent to clean out a rental house. I met the agent over at the place and we agreed on $600 for about 75 cubic yards-I KNOW CHEAP!

So halfway through the job he said he had to go but brought me a paper with the owners address and name for the billing. Before the agent even left the owner showed up. He added about another 10 yards to the plie. I DID NOT CHARGE HIM EXTRA! Well we finished before the owner left. I tried handing him an INVOICE. He said "mail it to me". Well I did and 2 weeks later I still hadn't recieved a check. So I went to the owners house. He claimed he never received my INVOICE. I was prepaired for this and handed him a new INVOICE. He said he's get the check mailed out later that day. 2 weeks later and still NO check. I feel he could of paid me the same day I did the job as he was there when we finished. BUT NO! I feel he could of again of paid me when I hand delivered him a new INVOICE to him...but again NO. I feel like dumping a 200 cubic yards back off at the house.

What should I do?

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The way I handle clean outs, is whoever contracts (contacts me) is who pays me. I don't go for the crap of the agent contacts me and the owner is paying me. If that is true, then I tell them to have the owner contact me at once.

They receive my estimate up front and I make a copy that is on my corporate letterhead.

From there, they acknowledge either with a signature, or via email conformation.

When I arrive, I take pictures before, during, and after.

Then if they are not there when I am done, I immediately send them the invoice due immediately in full and pictures of all work done.

Might want to try that next time. Then if you do, and something like this happens, go to the cops and ask for their advice..actually better yet, if you contact the magistrate they will tell you exactly what can be done.

I would definitely talk to the agent though.

Anything over a truck load which will take me a little time I always get a contract......Even with a contract and a lawyer I have been stiffed.....LOL but anyways I always stipulate payment is due immediatly upon completion no if's ands or buts.....Good luck I have only been stiffed once on a mobile home demolition and my contract was not as detailed as it should have been...I payed like 10 bucks for some contracts with a company letterhead and have been copying the same one's for years

George that's a good practice. Especially documenting before and after in case they complain about the quality of the work.

Your other option would be small claims court. A verbal contract is still a contract, although harder to enforce.

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Originally Posted by IronPirate

George that's a good practice. Especially documenting before and after in case they complain about the quality of the work.

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I don't ever take chances. Only occasionally when a client or someone who works for them will be there, but if anything comes up missing or broken that is not mean't to, I am not looking to be sued. Plus, I do it, so they know I am not ripping them off.

I had one retired couple one time, the husband wanted to try and give me an extra $65 (the landfill I go to, charges $65/200lbs). I told him, that it was cool, because I had someone who would take the windows and doors..that all I required was the $260 for the job (not that much stuff). He gave me a check for $300, and then a cash tip of $120.

Even with tips I keep a record of them. After I counted everthing, I wrote "PAID IN FULL" and put the amount of the tip. He signed it, and then I signed it. Then when I got home, I scanned it, and emailed them a copy of it.

Another good thing to keep in mind.

WOW that's one hell of a landfill fee.

We pay:

$10 for a truck bed full
$10 for a single axle trailer full
$30 for a double axle trailler full
$26 per ton for commercial vehicles
$5 for any load of green waste

Just pay your stupid tax and get on with life!

95 a ton here...minimum is 45 usd even if you only have a 100 lbs on the truck.

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Originally Posted by NoMoreScrapLeft

Who should I hound? the OWNER or AGENT? or BOTH?

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Neither, you could be charged with harassment and/or trespassing. Send him one certified letter threatening to sue him in small claims court if he doesn't pay up in so many days. Even without a written contract, you could still make the threat. You may be able to get a notarized statement from the realtor to take to court. You could ask.

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Originally Posted by Scrapette

Neither, you could be charged with harassment and/or trespassing. Send him one certified letter threatening to sue him in small claims court if he doesn't pay up in so many days. Even without a written contract, you could still make the threat. You may be able to get a notarized statement from the realtor to take to court. You could ask.

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That's a bit much...there's nothing that says you can't call a person every day and ask for something they owe you. Especially a company. Now law that says you can't come to a public open house either.

Now if they tell you to stop or leave, that's another thing.

Small claims court is no guarantee...difficult to enforce a judgement and lots of hoops to jump through but it works for some.

Whatever you do dont dump the trash back on the property you can be charged with vandalism.Pusue legal means to get your money or chalk it up to one of lifes hard lessons.