I am an HVAC subcontractor that has multiple past-due invoices from the same contractor. Five are for single-payment contracts that are within the small claims limit. One contract has two progressive payments with one invoice within the limit and one above the limit. The combined total is 20K. With the 2% penalty applied the total is closer to 30K. I did not complete the prelims in time, so I plan to file the cases. My questions are: 1. Which would be a better approach, individual small claims cases or a combined civil case? 2. Can I file the progressive invoices separately?
Civil Suit in Superior Court of the county in which the work was performed. Pursuant to Business and Professions code section 7108.5 if you are the prevailing party you are entitled to 2% interest for every month the payment is late, and reimbursement of attorneys fees. You may want to contact a construction law attorney to review your case before filing a lawsuit.
Hi Gabe - One, combined lawsuit in Superior Court is your route here. If your subcontracting business is incorporated, you cannot represent yourself in Superior Court however. Kevin Meade, Esq. 949-502-7715 - kmeade@talglaw.com
Brion - Thanks for the feedback!
Kevin - I'm sending a final "olive branch" hoping they will cooperate. If not, I'll start searching for representation since the business is incorporated..
Thanks for your input!
Gabe - Fingers crossed they accept your olive branch. Kevin Meade, Esq. - 949-502-7715 - kmeade@TALGlaw.com