Legal Question in Credit and Debt Law in California
Collection of monies owed
We are a small family owned corporation and sell house paints to homeowners and contractors. We recently have had a contractor work his bill to $30,000.00 and we are having difficulties collecting the money. what options do we have in collecting the money through legal means?
4 Answers from Attorneys
Re: Collection of monies owed
If you are owed $30,000, you are at the point where you need to hire an attorney who does debt collection work. You could consider a collection agency, but the agency cannot file a lawsuit on your behalf. This is an area where you need to move quickly if you want to collect because you are probably one of several people looking to get paid by this guy.
Re: Collection of monies owed
You have the option of going to court and suing the contractor for the money he owes. I specialize in collections matters such as this; please feel free to contact me if you would like to discuss this further.
Re: Collection of monies owed
As you are not an independent contrator who did work on the project, you cannot file a mechanic's lien. However, you can file a lawsuit and notify the contractor's board. Once you get a judgment, you could file a lien against any future work he does, forcing him to pay you or forcing him out of business.
Re: Collection of monies owed
You will have to file a lawsuit. I suggest a Pre Judgment Attachment to secure the debt. Please call me if you have any other questions.