Homeowner Won't Pay

rayh78

At least in my state you can sue in small claims for up to 5K.

I would first send them a demand letter, certified. Explaining your case that the job contracted for is complete and asking for final payment. Also ask for a written response within 5 days.
Dont confuse the issuse with the rock. If they respond about the rock then it is good. If it makes it to court this will show their reason and makes it even easier to win. Tell them you are not interested in the rock job because of payment problems.
After the 5 days, here it would only cost me $53.00 to go to the clerks office fill out form to file a warrent in debt. Pretty simple.
Then its a good chance they will pay instead of going to court with no defense. If not sounds like an easy one to win without the need for a lawyer.

ARI001

Never, ever, ever, go to court without a lawyer. You get paid to build, construct, and know the codes. Your lawyer gets paid to know the law and protect your best interests. As far as whether or not you can represent yourself, that depends on how the company you own is structured. Corporations must have an attorney represent them in court.

ProWallGuy

I hate drive-by posters.

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carolinahandyma

Even if you win in small claims court you still have to collect. If you file a lien you may never collect either, they could get foreclosed on or go bankrupt etc.

When you start down either of those paths you can bet you will never receive any work or referrals from that individual plus you may not get paid. Try to directly talk with the individual and negotiate with them. If you can't negotiate directly, see if they are open to hiring a mediator to mediate the situation.

ARI001

Hey donkey,
It was not a drive by but a response to the post before it.

SC sawdaddy

I think Prowall was referring to the OP who never did put his location in his file therefore could not be advised on the laws in his state.









But then again.........he may have been talking to you.

kevjob

now he IS talking to you!

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Kevin
Basement Finishing Highlands Ranch Colorado
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Zinsco

I have sued many people in small claims court and never lost a case. No lawyer required. However, I'm pretty smart. I would say that at least 50% of all small claims cases involve contractors, in fact, I call it "Contractor Court", not small claims court.

Lawyers aren't magical geniuses, most lawyers I've met are just guys who know how to read. Read up on contract law, properly document the work you do, always conduct yourself properly, always be polite and act like a gentleman and you will win small claims cases easily. I've lost count how many people I've sued, certainly over 40.
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ARI001

I don't disagree with you that it is possible to go into small claims court and win if you have a good solid contract and have well documented everything. Contract law can be extremely complicated and differs from state to state, which is probably why lawyers specializing in it are some of the top earning attorneys. If you have the time to research everything that may come up in court (and it can be quite a lot) then you can be extremely successful. However the majority do not have time to add "legal council" to their daily activities.

Then there is the whole can you legally represent your company in court aspect (this may also be a state to state thing). If you can represent yourself, is the amount you are going after worth the time you will invest to collect it or is more economical just to take the write off? Most well written contracts have provisions about collecting legal fees if it becomes necessary to go to court to collect. So if it is enough money to go after (in the OP's case it probably is) let the lawyer do it and continue doing what it is you do that keeps the money coming in.

Zinsco

And miss the look on your opponent's face when they lose the case? Never!
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Tom Struble

why do you have to sue so many people?why don't they want to pay you?

im glad i don't understand

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Tom

Zinsco

Are you sure you work in the construction industry? I do a lot of work for general contractors and they are usually broke when it's time to pay for the finish work. 50% of my customers go out of business within one year. I'm trimming out a kitchen right now and the GC has abandoned the job and cannot be reached.

Drive around Los Angeles and look at various construction projects. The harsh reality is, that on every job *somebody* is not going to get paid. That's the cold reality. I make sure I'm not that guy. If I don't get paid after 30 days, I lien the property and 10 days later I sue. Trust me, you *don't* wanna owe me money.

By a show of hands, how many guys here have been stiffed by a customer?
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oldfrt

Sounds like LA must have a lot of drive by GC's.

I've only been stiffed once in 30 years,and it was only a couple hundred $'s.
Probably came close once,to even having to lien anyone.

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Tom Struble

once by a family member

i do work in construction...really
but i dont think i would be if i had to sue people to get paid

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Tom

brooklynite

Definitely DON'T remove the deck. I think you should get a lawyer pay $150 to send him a letter first.

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ProWallGuy

I was referring to the first post in the thread. But thanks for caring.

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Digital Murals Installation

ARI001

I apologize. Sorry for the misunderstanding.

ProWallGuy

Yeah, but how many of those have you actually collected from?

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Zinsco

Every single one. Why is that so odd? Every contractor maintains a $12,500 bond, and in worst case scenarios, the bonding company will happily cough up the money when you send them a copy of the judgment.
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robin303

Go to your local District Attorneys office. Fill out the paper work for theft of labor.
They will get papers served by a Constable in a full sized police car in front of their neighbors in broad day light. The wheels of justice is very slow but it shows the jerk your not going to be pushed around.

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