Legal Question in Business Law in California

Labor Contractor having difficulty getting payment

I work for a Labor Contractor in California, and he is having a terrible time collecting money from the owners of the property where he had laborers provide work. The work includes Pruning, Thinning and Harvest of Products yeilded from the property being worked.

Does the labor contractor have the right to place any kind of a lien on the property where the work was performed in order to guarantee payment for his work? If so, how does he go about doing that without going through the legal red tape, and paying attorneys outrageous fees, thus cutting right into his profit.


Asked on 2/25/04, 2:59 am

3 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Labor Contractor having difficulty getting payment

He might be able to place a mechanics' lien on the property. Then again, he might not. You could use a search engine (google.com) with a phrase like, "California mechanics lien" or "California agricultural lien". Or maybe Nolo Press (www.nolo.com) has a book on the subject. Or he could ask other contractors who do the same type of work how they go about collecting. At worst, he could take them to small claims court, for up to $5000, and place a lien on the property if he wins. How do you know an attorney would charge an "outrageous" fee? Have you consulted one?

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Answered on 2/25/04, 8:13 am
Larry Rothman Larry Rothman & Associates

Re: Labor Contractor having difficulty getting payment

We take collection cases throughout California on a Contingency. Please contact our office at 714 363 0220 for review of your documentation and for consultation.

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Answered on 2/25/04, 10:17 am
Matthew Mickelson Law Offices of Matthew C. Mickelson

Re: Labor Contractor having difficulty getting payment

On the one hand, he'll most probably have to go to court to prove that the money is owed, and then once a court judgment has been secured, go after the homeowner's assets. On the other hand, that might not be so bad. If the amount is under $5,000, small claims court is available, where there will be no attorneys involved. If it's over $5,000, he might be able to get a lawyer (such as myself) to take the case on a contingency basis, in which case he would pay up-front costs only, not legal fees.

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Answered on 2/25/04, 1:53 pm


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