Legal Question in Business Law in California
Non payment
I have not been paid for services as a subcontractor. I signed a non-compete and it had nothing regarding payment. The payment arrangements were verbal. It has been 45 days since completion of the product the origianl contractor has in her possesion. What are my options?
Thanks.
4 Answers from Attorneys
Re: Non payment
You should attempt to collect from the person with whom you contracted. You should also attempt to confirm the details of the oral agreement and obtain confirmation from the other side of those details if possible.
If you have to sue you generally must do so in the defendant's state, although if the contract was entered or to be performed in your state, it is possible to sue in your state.
J. Caleb Donner
DONNER & DONNER
LEGAL WARRIORS�
325 E. Hillcrest Drive, Suite 242
Thousand Oaks, CA 91360
Tel: 805-494-6557
Fax: 805-494-0990
email: [email protected]
site: www.legalwarriors.com
Re: Non payment
Please contact my office at 714 363 0220 to set up an appointment. I would like to review your written documentation including any letters. We handle cases throughout California. We can review your documentation by fax and speak with you by phone. Do you only have an oral claim for hours worked?
Re: Non payment
You may sue in the resident county of the contractor. Call me directly at (619) 222-3504.
Re: Non payment
Verbal contracts require proof of the details to win. Obviously you wouldn't work for free, but the terms may be in dispute. Regardless, if it is under $5000, sue in small claims. If it is much over that, then sue in Superior Court. If you were really an independent contractor, the Labor Commissioner would probably not take your filing - they are charged with helping 'employees'. You could talk to them to confirm that. If you need to file in court, you probably should hire an attorney if it is substantial, in order to make sure the case is handled correctly. Contact me if interested in having counsel at either the Labor Commissioner or in court.
Related Questions & Answers
-
UCC or common law Hello, I am writing a paper about the relationship between a... Asked 8/27/04, 5:47 pm in United States California Business Law
-
Corporation bylaws Can the bylaws form be filled out by the officers of the... Asked 8/24/04, 10:46 pm in United States California Business Law