Los Angeles, CA asked in Consumer Law, Construction Law and Small Claims for California

Q: It's almost 2 years since shoddy work was done by a CA contractor who I now know was unlicensed. Is it too late to sue?

He promised/agreed to refund me $2,500 due to the bad work and has been very slowly paying me for the past two years, although he has now been avoiding answering my texts for most of 2024 and I don't think he will finish refunding me what he promised. The job was $4,000 and he has paid back $1,310. I am also a senior citizen and I feel like he used my age to take advantage of me. Even if I sue him is there any guarantee of payment via garnishment of wages or any other recourse? Is there any statute like the Consumer Legal Remedies Act in case the statute of limitations has run out? Please help!

3 Lawyer Answers

A: I'm really sorry for you. Unfortunately, the time to be vigilant is before you hire a contractor. As you now know, everything you now know about him could have been discovered by you before you hired him.

I'm sure you already know that deadbeats don't pay their bills. I'm truly surprised the guy has paid you anything.

You probably have at least 2 years to sue starting from the date of his last payment to you. This will be a small claims court case.

So, if you want to sue you probably still have time. However, in cases like this, a lawsuit rarely does you any good. That's because you can't force payment unless he has substantial assets or income - which he probably lacks. He is not even licensed, so what does he care?

Unlicensed contractors sometimes get prosecuted by the state contractor's licencing board, so you can file a complaint with them, or threaten to if he keeps ignoring you.

"Those who are caught contracting without a license likely will have to appear before a Superior Court judge to answer to misdemeanor charges that can carry a potential sentence of up to six months in jail and/or a $5,000 fine, as well as an administrative fine of $200 to $15,000. If illegal contracting continues, the penalties become more severe. A second offense results in a mandatory 90-day jail sentence and a fine of 20 percent of the contract price or $5,000." See, https://www.cslb.ca.gov/contractors/journeymen/journeymen_unlicensed_consequences.aspx

I hope this helps you.

A: In a contract situation ORAL is 2 years and Written is 4 years in Ca.

The result if you can enforce it, is they get to keep ZERO of the money,

it all must go back to you. Further, the state contract licensing board MAY

come down on the frauds, maybe, for you? Good luck with it...

James L. Arrasmith
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Answered

A: It sounds like you’ve been through a difficult situation, and I understand your frustration. In California, the statute of limitations for suing a contractor for breach of contract is typically two years for oral agreements and four years for written contracts. Since the work was done almost two years ago, you may still have time to take legal action, but it's important to act quickly.

The fact that the contractor was unlicensed could work in your favor, as California law often provides stronger protections for consumers dealing with unlicensed contractors. You could potentially file a complaint with the California Contractors State License Board (CSLB), which might apply additional pressure on the contractor.

Regarding payment, if you win in court, there are options like wage garnishment or placing a lien on the contractor’s property. However, these methods depend on the contractor’s financial situation and employment status. You might also explore consumer protection laws, such as the Consumer Legal Remedies Act, which could provide additional legal avenues. Consulting with a local legal expert can help clarify your options for pursuing this matter.

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