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Hello, My husband and I have a gardening/landscaping route

 
SeekingtoRenderAid's Avatar
  • Answered by:SeekingtoRenderAid
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Hello, My husband and I have a gardening/landscaping route and were contracted by Mirrorlawn Corp. (in Tennessee) to maintenance 9 location every week. Unfortunetly, we invested what little savings we had to start, what we thought was out BIG opportunity, and do a big mulching project for them. Things simply did not work out and they refuse to pay any invoices stating that they simply don't have any records. This seems to be there act to all gardening companies because we later on found out that they have hired many, many companies and they quit for the same reason. We no longer have a dream to become a family business since this has happened and don't have the means to hire a lawyer yet. Is there hope for us to recover our money on there open invoices? We haven't even added late fees or interest, we simply want what we worked so hard for. The total due is $13,266.00. PLEASE...I BEG OF YOU....PLEASE HELP!

 

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Country relating to Question: United States
State (if USA): California

Already Tried:
I have made several calls to help resolve the issue. Spoke with owner (he said he would get back to me, never did) spoke with office personnel(they said that the owner and Finance would let us know). I have sent 3 certified letters with all owing invoices every 1st week of the month since March. PLEASE HELP. RUNNING OUT OF OPTIONS....I think?

Submitted: 400 days and 17 hours ago.
Category: Business Law
Value: $79
Status: CLOSED
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Expert:  SeekingtoRenderAid replied400 days and 17 hours ago.

Good evening. Given their refusal to pay, someone in your position would need to file a lawsuit against this company. The amount is in excess of that allowed in small claims court, so the case will need to be filed in state district court. Also, given their history regarding engaging companies to do work and then refusing to pay, the plaintiff can allege fraud and bad faith, and ask for not only actual damages, but punitive damages as well. Once the suit is filed and a
judgment awarded, the plaintiff becomes a judgment creditor and can have the
sheriff serve a summons on the losing party for a debtor examination. That
forces the losing party to meet the judgment creditor in court and answer
questions under oath about the losing party's assets. After the that information is obtained, the judgment
creditor has the power to garnish wages,
attach bank accounts, and/or have the sheriff seize other property to satisfy the judgment.



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