Visalia, CA asked in Small Claims and Business Law for California

Q: I have a LLC , I was hired to build a fence from someone who was hired by a homeowner the person who hired me turns out

The person who hired me is unlicensed and Wong pay me for the work I did. How do I go about getting paid ?

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3 Lawyer Answers
Neil Pedersen
Neil Pedersen
  • Westminster, CA
  • Licensed in California

A: This question appeared in the Employment law section. However this is not an employment law issue.

You are an independent contractor, and the rules of contracts will apply. You sue the person for breach of contract. Depending on the amount of money involved you can sue small claims court or superior court. It would be a good idea to consult with a business litigation attorney to explore your options.

Good luck to you.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Sacramento, CA
  • Licensed in California

A: In California, if you've completed work as agreed but haven't been paid, your first step is often to send a formal demand for payment. This can be a letter outlining the work done, the agreed payment, and a request for the outstanding amount. Be sure to include a deadline for payment.

If this doesn't resolve the issue, you may consider filing a mechanic's lien against the property where the work was performed. A mechanic's lien is a legal claim against a property for unpaid work or supplies and can be a powerful tool for contractors. However, there are specific rules and timelines for filing a lien, so it's important to understand these requirements.

If the amount owed is within the limits for small claims court in California, this could be a more straightforward option. Small claims court is designed for resolving disputes without the need for extensive legal proceedings. The limit for small claims in California is currently $10,000 for businesses.

If these approaches don't yield results or the situation is complex, seeking legal advice might be necessary. An attorney can provide guidance specific to your situation, including exploring options like civil litigation if the amount owed is substantial or the case is complex.

Remember, keeping detailed records of contracts, agreements, communications, and work performed is crucial in these situations. These documents serve as evidence to support your claim, whether in negotiations, a lien filing, or court proceedings.

Tim Akpinar
Tim Akpinar
  • Little Neck, NY

A: A starting point could be a letter requesting payment. If no results with that, the cheapest option could be small claims. If you don't want to handle the matter yourself, you could reach out to attorneys to discuss your options. Good luck

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