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 ?
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.
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.
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
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
