Home>Levelset Community>Legal Help>Can small claims court settle my lien for the value of work complete?

Can small claims court settle my lien for the value of work complete?

CaliforniaPayment Disputes

I hired a contractor and terminated him after about a week. The value of the work was $22,100, I paid $8600 deposit, the work is about 60% complete. I tried to pay what I owe, I offered $4,600, contractor wanted payment in full or he'd file a lien. A lien was filed for $11,500 (not payment in full), before the lien expiration date contractor filed for recovery in small claims court in the amount of $10,000. Can the judge consider my evidence regarding the amount of work that was completed or will the contractor receive full payment? I understand I live in a "Full Payment State"

1 reply

Feb 14, 2018
Small claims court can be quite unpredictable. However, a defendant in a small claims action will have an opportunity to argue their side of the case. Typically, a defendant will also be able to present evidence that supports their position as well. Such evidence might include a copy of the contract, any communications between a defendant and the plaintiff, and/or pictures of work performed. Keep in mind, though, that by its very nature, small claims court will be a very abbreviated judicial process. Any statements or evidence should take into account the fact that there may not be an awful lot of time to present arguments.

Add your answer or comment

Not the answer you were looking for? Check out other Payment Disputes topics or ask your own question