He hired me on a daily basis, worked for 2 years on weekends, he did not pay me at all, how do I collect money? I am not a contractor.
1 reply
Dec 23, 2019
If you're talking about construction work, wage laborers will generally have many of the same recovery tools available to contractors and subcontractors in the industry. Plus, regardless of what industry the work was done in, pursuing claims in California small claims court could be an option, too.
But, since the Expert Center is for construction payment and construction law questions, I'll assume your labor was construction related. With that in mind, let's look at some tools that can help recover payment.
Invoice reminders
If there isn't a full-blown payment dispute at hand, then sending a simple invoice reminder can help to get paid. Invoice reminders are just like they sound - they remind customers and employers that payment is outstanding in an effort to nudge them in the right direction. Often, that's all that will be needed to get paid.
Demand letters
When a payment dispute is starting to arise, sending a payment demand letter could be helpful. A demand letter will generally contain specific legal threats - like threatening to pursue a breach of contract or prompt payment claim, for example - and set a deadline for making payment. They let recipients know that you're serious about getting paid and ready to do what it takes to obtain payment.
Notice of Intent to Lien
Laborers are entitled to mechanics lien rights in California. And, because a mechanics lien can be such a powerful payment recovery tool, the mere threat of filing a lien claim will often work to compel payment. A Notice of Intent to Lien acts as a warning shot, letting recipients know that if payment isn't made and made soon, then a lien will be filed. Further discussion here: What Is a Notice of Intent to Lien and Should You Send One?
Granted, keep in mind that if work has been performed on different properties, rather than one continuous project, then a singular lien claim wouldn't be on the table. Still, threatening to file liens against the properties where work was performed could be useful.
Mechanics lien claims
Laborers are generally entitled to file mechanics liens in California, and that's true regardless of whether there's a written contract present. Mechanics liens are considered the nuclear option - so, if possible, it's usually a good idea to try and resolve a dispute before it comes to that.
Liens are sometimes necessary, though, and they can be extremely effective in forcing payment. For some background on how mechanics liens work and California's mechanics lien rules, these resources should be helpful:
- What is a Mechanics lien? | Mechanics Lien Guide, Forms, & Resources- California Mechanics Lien Guide and FAQs- How to File A California Mechanics Lien – Step By Step Guide To Get You Paid
As hinted at above, though - note that mechanics lien claims tie directly to the property where work was performed. So, if work was done at multiple locations, then multiple mechanics liens would be required. And, note that mechanics liens have a relatively short deadline (90 days after last furnishing work) - so, if more than 90 days has passed after working on a given job, then a lien claim might not be appropriate.
Other legal claims
Other legal claims may be appropriate, too. If there was a contract - even a verbal one - a breach of contractclaim might be brought against a nonpaying party. Or, a claim under California's prompt payment laws could be on the table, too. For smaller claims, pursuing the debt in California small claims court might be a way to streamline things.
If there's a serious amount of payment that's on the table, it might be worth consulting a local construction attorney. They'd be able to review your circumstances and relevant documentation and advise on how to proceed.