tree service damaged my tree!

[rb_in_va]

I know you guys think I take this guy to court, but I really don't need the hassle right now. The guy didn't mention anything about taking the stump out, but I called him earlier and left a message saying if he removed the rest of the tree and the stump I would consider the matter resolved. If he refuses to remove the stump I'll proceed with legal action.

Guy, of the 3 main stems on this tree the one that was removed was the only thing providing counterbalance to the 2 remaining stems. Not saying the tree wouldn't live, I just don't think it will withstand the hurricanes we get here. Here is a pic from the side. The lean is even more severe when you look at it from a perpendicular angle.

 

[rb_in_va]

Let's say I take the guy to court and win. What leverage do I have at that point to collect?

 

[Damon]

Let's say I take the guy to court and win. What leverage do I have at that point to collect?

Correct me anyone if im wrong but 100% if the judge orders it and they dont pay they will garnish his wages and could take his license

 

[ropensaddle]

Correct me anyone if im wrong but 100% if the judge orders it and they dont pay they will garnish his wages and could take his license

Well yes, but likely this cat don't have a pot to p in, it may work out better if the guy works with rb but he has proved to be shady so, RB keep us posted to the outcome. I am unsure as to the best solution for you and I could care less about him. Our industry makes most on here say sue but if you spend the money and this shady operator is not really even in business ,as I suspect;,it could take a long time to be reimbursed. If I am right and he is a fly by, your neighbor is likely the one responsible, as he used a non licensed business to save a buck and passed a problem on to his neighbor. I see it here all the time, illegals and illegal business cutting throats of true business and greedy home owners using them to save dollars.


You get what you pay for, if you have him do the tree I would make sure your there to make sure he does not retaliate by doing something to your property, as his demeanor already being shady would give me pause. I would recommend if he used a business name, looking it up to see if he paid his privilege license! If not local authorities do not like that and the fines can be quite extreme and at least he wont do it again.

 

[treeseer]

...of the 3 main stems on this tree the one that was removed was the only thing providing counterbalance to the 2 remaining stems.

& Pruning would balance it a lot better. Nasty wound, ripping the stump like that. But the primary trunk seems unhurt. Kinda hard to condemn the whole tree with such localized damage whne pruning would balance it.

What kind of tree is it?

O and if a tree service drops a trunk on a car, their insurance pays. What's the difference? File a claim.

And since when is trespassing not a police matter?

 

[ddhlakebound]

& Pruning would balance it a lot better. Nasty wound, ripping the stump like that. But the primary trunk seems unhurt. Kinda hard to condemn the whole tree with such localized damage whne pruning would balance it.

What kind of tree is it?

O and if a tree service drops a trunk on a car, their insurance pays. What's the difference? File a claim.

And since when is trespassing not a police matter?

Why choose to keep a tree that will be a liability in the future when you can have a new tree at the expense of the person responsible for the damage in the first place?

The person responsible really should be made to learn to execute proper care in their work to avoid issues such as this, or they'll just continue the pattern of behavior. And it's pretty obvious already that a monetary loss is the easiest way to teach him.

Small Claims RB? Less hassle than a full on civil suit, but should get the message across.

 

[Bigus Termitius]

Interesting situation.

Doesn't sound like this guy is teachable, nor reputable, nor insurable.

I wouldn't have him on my property. With no insurance, what if something happens to him or someone else in the process of everything. A likely possibility given the facts, imho.

Sometimes it is best to cut your losses and move forward. Given the guy's character and the bit of bad blood, I'd move forward.

I'd say you have a case, no question, if you want the hassle. For me, the time for him to make it right on his own has passed. I wouldn't even include it as an option in court. He pays, and that is all.

If you do have him to make it right, make sure he has insurance...call his insurance company to verify.

Another idea, my ornery side tells me, would be to put up a sign in your yard that points to your damaged tree that reads: "Thanks (insert the name of his company)" Or "Hurricane (insert name) was here" A couple of weeks ought to do the trick.

That's probably not the high road, and might lead to 'problems' in the future. Shady characters are often best left alone and to themselves...they will reap their reward in due time.

Like I said, with no more than you have here, if you don't want the hassle, take the high road and move on. The hassle might be worth it though, but moving forward and cutting losses has its underlying rewards that stand alone as well, in my experience.

You could treat it like a small storm went through...which is true.

I'd remove and plant a couple of nice ornamentals and make lemonade out of lemons.

 

[Rudedog]

^
Good thinking.

 

[vaclimber]

perhaps

I really want to leave the neighbor out of it. He was trying to be considerate by removing limbs from over my roof. If a tree had come down on the house or a car I would pursue it. But the fact of the matter is I have considered replacing this tree in the past. I had planned on planting another and let it grow some before I took the chestnut down. Or if the chestnut fully recovered I could have 2 trees in the front yard. I realize that sometimes mistakes happen, but I don't appreciate the guy's attitude that my tree is basically worthless because it is only 25' tall or so.

Unfortunately, pursing compensation legally could end up costing more money and time than its probably worth. He may not know this however, and maybe an approach like "I'm willing to settle this out of court, if you could replace it with....(a tree of your choice from a local nursery)." I would let a more caring person who will take the time to properly install it(you could tell him he only has to deliver it). Is that a Chinese chestnut? We have more than our share of "jack-leg tree hustlers" here in Virginia Beach who are less than professional(putting it mildly) and set a bad image for those of us who do care.

 

[rb_in_va]

I looked this guy up in the court case system to see if there had been anyone suing him. Looks like all the warrant in debt cases have gone in favor of the plaintiff. He's got a ton of traffic violations and more than a handful of felony convictions as well. His dad had a rap sheet about as long. A great thing to pass on to your son, huh?

 

[rarefish383]

I really want to leave the neighbor out of it. He was trying to be considerate by removing limbs from over my roof. If a tree had come down on the house or a car I would pursue it. But the fact of the matter is I have considered replacing this tree in the past. I had planned on planting another and let it grow some before I took the chestnut down. Or if the chestnut fully recovered I could have 2 trees in the front yard. I realize that sometimes mistakes happen, but I don't appreciate the guy's attitude that my tree is basically worthless because it is only 25' tall or so.

After reading this reply, I jumped ahead, and didn't read anymore yet. One of the things that really get me going is when someone does shoddy work because they don't know how to do it right or are too lazy to do it right, and then say it was an "accident" or as you say a "mistake". The size of your tree doesn't look like he dropped a little twig on it to break it off. If he lowered the limb down on a rope there is no way he could have broken that section of tree. If it got tangled up in your tree, he may have broken some small peices, but not that trunk. I ran crews for my Dad from my late teens through my late twenty's, and If I did something like that, you can bet I'd be scared to death to come home.

If you were thinking of removing it any way, ask him to remove the rest and plant a small ornamental, or whatever you like, in place. If you try to get full replacement cost you might wind up in court to do it, Joe.

 

[rarefish383]

Holy Cow, looks like I should have read more, good luck, Joe.

 

[rb_in_va]

After If you were thinking of removing it any way, ask him to remove the rest and plant a small ornamental, or whatever you like, in place. If you try to get full replacement cost you might wind up in court to do it, Joe.

Yeah, I think you really need to read the thread again. I already told him that's what I wanted. He said "yeah, ain't doin' all that."

Honestly if he were to replace it with a $100 tree from the garden center I would be perfectly happy with the situation.

But then I discover today that the guy is a convicted felon, to include B&E and grand larceny.

 

[lxt]

RB.... check your states trespass laws, defiant trespass specifically. 2nd property damage/ vandelism!

word your complaint right & this will take some time, police dont care unless a crime has been committed no crime warrants no action, its your job to state that a crime has taken place...not by saying he dropped a limb into my tree & broke it.

TRY THIS:

he committed a deliberate malicious act toward your personal property causing damage which now poses a hazard to passerby(s) including children, no attempt was made to make the property owner aware of said hazard & by failing to inform of such hazard he has willingly subjected pedestrians/ motorists to possible harm, thus contractor was negligent...etc...etc...

dont focus on the tree, focus on what laws he broke & then stick it in em & break it off!!



LXT..................

 

[ropensaddle]

I looked this guy up in the court case system to see if there had been anyone suing him. Looks like all the warrant in debt cases have gone in favor of the plaintiff. He's got a ton of traffic violations and more than a handful of felony convictions as well. His dad had a rap sheet about as long. A great thing to pass on to your son, huh?

What ever you do make certain its documented and witnessed if possible this cat may not value freedom like normal folk. I would ask your neighbor what he was thinking

 

[TheRick]

All the way rb_in_va
go all the way

 

[Mike Van]

I think you are beating a dead horse here. This so called "tree guy" more than likely has no insurance, works from job to job owing next to nothing. In & out of jail, usually on the edge of the law. A loser in other words. His own father denies any connection to him? What does that tell you. Even if you took him to court & won, what would you get? His undying hate more than likely. This is kind of like having your car damaged by an uninsured driver with a junk car that lives in moms basement. Forget about this & move on, there's no big payday or apology coming from this clown.

 

[Buckshot00]

Cut your losses and move on.

 

[rb_in_va]

I think you are beating a dead horse here. This so called "tree guy" more than likely has no insurance, works from job to job owing next to nothing. In & out of jail, usually on the edge of the law. A loser in other words. His own father denies any connection to him? What does that tell you. Even if you took him to court & won, what would you get? His undying hate more than likely. This is kind of like having your car damaged by an uninsured driver with a junk car that lives in moms basement. Forget about this & move on, there's no big payday or apology coming from this clown.

That's the plan.

 

[Rftreeman]

I would ask your neighbor what he was thinking

he was probably thinking "well, this guy is the cheapest, who cares if he's a felon or not".....lol.