Can a tree trimming service take me to collections if I don't pay them for an invoiced job they never completed? (lien, Home Depot)
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
I had some tree trimming done a couple weeks ago, but the crew wasn't able to finish the job because they didn't bring a pool cover to cover the pool and had to buy a piece of tarp from Home Depot. Also, a lot of debris and dust got into the pool which caused an outgrowth of algae that I've spent $$ to my pool guy to fix. They invoiced me, claiming payment was "past due" but the job itself was not completed (which was acknowledged by the crew and the owner; they wanted to come back another day but I did not call them to schedule, because I did not want further damage to my pool done).
I'll have to get another company to finish the work.
I left the owner a vm explaining the above and saying that I won't pay the bill. What can they do at this point? Can they send me to collections? I'd hate for my credit to get ruined.
You have to give them a chance to complete the work-
If you don't want them to finish- you have to pay for what was done. This can be negotiated with a phone call and a conversation. Not a "vm" that says "I'm not paying!".
Did you pay them for the work they DID do?
If not, yes... it CAN go to collections (and rightly so).
Quote:
Originally Posted by K'ledgeBldr
You have to give them a chance to complete the work-
If you don't want them to finish- you have to pay for what was done. This can be negotiated with a phone call and a conversation. Not a "vm" that says "I'm not paying!".
In order to pay them for the work they did do, I'd have to estimate what portion of the agreed services they completed. Would I deduct what I had to pay to treat the algae problem in the pool? Actually, upsetting the chemistry balance could cost 1000s down the line... so should I pay them for part of the work completed, and then try to take them to small claims for the damage to the pool?
The pool chemistry won't cost $1000s! If it does you have the wrong pool company! You can not expect work to be done for free, negotiate or pay the price of a lawyer and go to court.
Was it agreed upon in the contract that they will cover your pool? If not, do you think the tree company was expecting you to cover the pool with your pool cover?
Was it agreed upon in the contract that they will cover your pool? If not, do you think the tree company was expecting you to cover the pool with your pool cover?
Yes, it was agreed that the pool would be covered, and that they would supply the cover.
Yes, it was agreed that the pool would be covered, and that they would supply the cover.
I think you need to pull out this contract, and write them a letter comparing each provision in the contract with what actually happened. Include your actual costs from the pool service company.
This letter needs to be succinct and business-like. Tell them that given the deficiencies in the work, you will not pay the original amount, but that you are open to negotiation. Send it certified. No more voice mails!
Yes, they can go to a collection agency with this. It's to your advantage to negotiate with them.
Does your town have a community mediation program?
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
