Legal Question in Business Law in California

Payment Options

I run a portable sanitation company.

One account that I have owes me

about 30k in services performed.

They are home builders, and my

question is this, can I somehow,

instead of having them pay me for

the services, put that money that

they owe me into a down payment

on one of the houses that they built.

Or trade of some sorts? I have made

many attempts to collect from them,

but with the housing market the way

that it is, and having so many houses

on foreclosure, or not even selling at

all, I thought that this would be a

good idea. What can I do? Is there

some type of property lien?


Asked on 8/21/08, 1:59 pm

3 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Payment Options

You and your client are free to negotiate this sort of deal, but the law does not give you a way to force the client to do this against its will. If it doesn't pay, your recourse is probably a lawsuit.

You can only get a lien if your contract entitles you to one and if the conditions set forth in the contract have been met.

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Answered on 8/21/08, 2:05 pm
Larry Rothman Larry Rothman & Associates

Re: Payment Options

Since this is a commercial transaction, a lawsuit should be filed and if the documentation you have supports a Pre-Judgment Attachment, it may be quicker to collect using this method. Please contact us if you have any questions. We would need to review your documentation to assist you further.

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Answered on 8/22/08, 6:39 pm
Larry Rothman Larry Rothman & Associates

Re: Payment Options

Since this is a commercial transaction, a lawsuit should be filed and if the documentation you have supports a Pre-Judgment Attachment, it may be quicker to collect using this method. Please contact us if you have any questions. We would need to review your documentation to assist you further.

Read more
Answered on 8/22/08, 6:39 pm


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