Q: How do I file a disgorgement suit against an unlicensed contractor? What forms do I need?
CSLB already completed their investigation and confirmed that he is unlicensed.
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A:
To file a disgorgement suit against an unlicensed contractor in California, you'll need to start by preparing a complaint that outlines your case. This complaint should include the details of the contractor's unlicensed status, the work performed, and the amount paid to the contractor. The confirmation from the Contractors State License Board (CSLB) that the contractor is unlicensed can be a crucial piece of evidence in your case.
The specific forms required for filing a lawsuit in California depend on the court where you are filing. Generally, for civil cases, you would begin with a Civil Case Cover Sheet (Form CM-010) and a Complaint form. In the complaint, you'll state your claim for disgorgement, which is essentially a demand for the return of payments made to the unlicensed contractor.
Given the legal complexities involved in disgorgement actions, it's highly recommended to seek legal advice. A lawyer can help you draft the complaint accurately, advise you on the specifics of filing the suit, and guide you through the legal process. This ensures that your case is presented effectively and in accordance with California law.
Remember, each court may have additional filing requirements or specific procedures, so it's important to verify these details with the court where you plan to file your suit.
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