Im a water damage mitigation contractor and have a solid contract for services rendered. The invoice is 99 days since issued. I believe they were issued a check by insurer for damages but only for 17,500. The homeowner recently refinanced their home and will not likely be selling or refinancing in the near future. Best way to get paid? I'm preparing a small claim (in my county the limit is $25,000) for the invoiced amount, $24,824. (includes late fees) and will be proceeding later this week.
It seems that you are proceeding correctly. The issue is that you did work more than 90 days ago and therefore your lien rights have expired.
Chris, Could I ask for help on this one? Get this, the wife works at State Farm. She's the one that signed the contract. If they didn't receive the check for mitigation already I'd be shocked.
Could you write her a letter? If her employer finds out she received the check and then didn't pay me, that would be grounds for them firing her due to insurance fraud, would it not? I would engage you for that little nugget!