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Lawn care company unexpectedly drops lawsuits against some customers

Posted at 6:10 PM, Dec 05, 2016
and last updated 2017-01-24 09:46:11-05

FISHERS, Ind. -- Several former clients of a Fishers lawn care company experienced an unexpected outcome in Lawrence Township court Monday.

Castleton Lawn Care dismissed lawsuits against at least two former customers, rather than continue with a trial.

The Fishers lawn care company has filed at least 69 lawsuits against former clients in Marion, Hancock and Hamilton counties, records show, and many are still pending.

Castleton Lawn Care filed suit against Indianapolis homeowner Johnetta Tate in August for $1,650 for services rendered and attorneys’ fees.

The company also sued Phuc Tien in August, also of Indianapolis, for $641 for services and other fees, but Tien said the company damaged his siding and poorly cut his grass.

Both Tate and Tien showed up in court Monday with documents in hand, ready to argue their side, however a court staffer informed them Castleton Lawn Care dismissed their cases.

“I honestly wanted to go through it and see what they had to say, because whatever they wanted to do didn’t make sense to me,” said Tien. “I’m not paying for a service that they didn’t provide.”

Both Tien and Tate took time off work to appear in court Monday.

“I just hope everybody else that’s in this, that they get it straightened out also,” said Tate. “I made three or four attempts to get an itemized list of what I owed and I never heard a response back.”

Call 6 Investigates talked with many customers sued by Castleton Lawn Care who say they do not owe any money, and that the company was plagued with poor service and billing problems including missing invoices and bills for services the customers say they never received.

The company sent out a letter this fall, after a report from Call 6 Investigates aired, in which it apologized for “recent billing issues, incorrect billing, and untimely sent invoices.”

Owner Daniel Ciesniewski blamed the billing problems on a former employee and vowed to correct billing problems and bills moving forward.

On Monday, Judge Kimberly Bacon ruled in favor of homeowner Sherry Morgan, saying Castleton Lawn Care showed no evidence of its accounting records.

Judge Bacon issued a $1,079 judgment against homeowner Stephen Moore, in favor of Castleton Lawn Care, when Moore failed to show up in court Monday.

Castleton Lawn Care’s website advertises fertilizer service, however, the company has never had a license.

The Indiana State Chemist is still investigating Castleton Lawn Care.

Violators can face a fine of up to $1,000 a day for applying fertilizer without a license.

Back in September, the company’s owner Daniel Ciesniewski and his attorney declined to answer questions from Call 6 Investigates.

The company’s contract says the client must provide a 30 day notice to cancel service, as long as it’s been a month since they signed the agreement.

“In the event of cancelation, a final invoice will be sent to the client after notification for balance due,” read the contract. “All scheduled service visits will continue until the 15 or 30 day notice period has been met (unless client desires otherwise, in which case payment for the 15 or 30 day cancelation period is still due).”

How To Protect Yourself When Hiring a Contractor

  • Ask to see references and work examples
  • Take your time and read contract before signing
  • Know what you’re responsible for if you break contract
  • Pay by credit card, if possible
  • Don’t be a no-show in court