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What can i do to get the money owed to me

I was offered a construction job i immediately made it clear that i wasnt a contractor i was a laborer that i couldnot give a bid but i could give a rough estimate so they can have an idea of the overall cost i explained that i would simply estimate or make an educated guess of how long the job would take based on my experience and multiply that by my hourly rate. More than halfway tru the job after i finished all the difficult tasks the contractor told me to stop working because the owner wasnt paying but to finish the work inside of the house. I imidiately called the owner and asked then come to find out he was unlicensed and lied to me in order not to pay me for the hours i had already put in to the job furthermore he insist in a message that we had no agreement where he hired me however he also stated that he had proof that he was in compliance with my payment arrangements from day one. Can i file for small claims or what is the best way i can get my money.

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Sep 3, 2019

When unpaid for construction work in California, generally, leveraging and potentially even filing a mechanics lien is often a great tool for payment recovery. Other options may also be available, such as pursuing a suit in small claims court. Let's discuss a few different options for payment recovery. Notice of Intent to Lien As mentioned above, a mechanics lien can be a powerful payment recovery tool. However, mechanics liens are such a powerful tool that the mere threat of a lien filing may be enough to speed up recovery without the need for an actual mechanics lien filing. By sending a document like a Notice of Intent to Lien to their contractor and the property owner, a laborer can show both parties that they're serious about payment. As we'll discuss further below, mechanics liens threaten the owner's property title, so they'll typically either be spurred into resolving the payment dispute, or they'll put pressure on their contract to make payment. More on that option here: What Is a Notice of Intent to Lien and Should You Send One? Filing a mechanics lien When available, a mechanics lien filing will typically be the strongest payment recovery option. When a mechanics lien is filed, the property title is put in jeopardy and the owner is forced to take action to resolve the payment dispute. This is because of the fact that, if left unresolved, a mechanics lien could eventually result in the foreclosure of the property. What's more, in California, contractors are required to defend property owners from mechanics lien claims - so, a contractor won't want a lien to be filed, either. You can learn more about how mechanics liens force payment here: How Do Mechanics Liens Work? 17 Ways a Lien Gets You Paid. Of course, California has some important requirements that must be met in order to file a lien claim. For one, if the work that was done requires licensure, then an unlicensed claimant wouldn't be able to file a lien. Further, California has a strict mechanics lien deadline - and claimants hired by someone other than the owner will generally need to file their lien claim within 90 days of when the project is completed. Note, though, that California claimants don't need a written contract in order to file a lien claim, and laborers don't have to send a preliminary notice to preserve their lien rights. For a full breakdown of California's mechanics lien requirements, here are two great resources: (1) California Mechanics Lien Guide and FAQs; and (2) How to File A California Mechanics Lien – Step By Step Guide To Get You Paid. Other options for recovery Leveraging or potentially filing a mechanics lien can be a great way to recover payment, but it's not the only way. As you mentioned above, filing a suit in small claims court can help to recover payment. Plus, the costs and time associated with small claims court are minimal compared to traditional litigation. Still, mechanics liens are typically a preferable option, when available. More on that here: File A Lien Or Go To Small Claims Court? If you're interested in pursuing a small claims court action, here's an excellent informational resource: The Small Claims Court A Guide to Its Practical Use. Lastly, keep in mind that there are even more options that might be helpful in recovering payment. This resource provides good information for situations where a mechanics lien might not be available: Can’t File a Lien? Here Are Some Other Options For Recovery. For situations where a claimant prefers to work with their customer and/or property owner to try and resolve a dispute without pursuing a lien claim: Don’t Want to File a Mechanics Lien? Here Are 5 Other Options. I hope all of this information was helpful!

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