Legal Question in Credit and Debt Law in Tennessee
Collecting a debt
I own a sole proprietorship that does mowing and landscaping. I have been mowing a person's yard for a couple of years. Last year I ceased mowing because the person was behind paying their bill and they started mowing their own yard. I have sent them notices with the dates and amount owed but they are ignoring us. Can I take them to small claims court and collect my $140 plus any court and filing fees? This was a verbal contract. No written agreement.
1 Answer from Attorneys
Re: Collecting a debt
You don't need a written contract, but any written material you have will help (cancelled checks from earlier jobs they did pay for, to show the amounts agreed to, etc.). Be prepared to show the judge that you have made demand for payment with no results. You should send a letter demanding payment via certified mail before you file suit. Give the defendant 10 days to pay your bill before you file suit, and also state in your letter that if you do not hear from them disputing your bill, you will deem the bill as an admitted and valid debt. This should help you in General Sessions Court. You can recover the contract amount and your filing fees if you win, although be prepared to face difficulty collecting. There is no automatic payment even after you obtain a judgment. You will still be chasing the defendant for payment, although with a judgment, you can garnish wages and take other collection steps not available to you now.