Legal Question in Credit and Debt Law in California
Collection Notice for Non Completed Work
In 9/97 I contracted to have my roof power washed, repaired and stained. This was to be a two to three week job per the contractor. In 3/98 when the job had not been completed I started writing letters and calling the contractor. He wuld not reply. He did send a bill and later sent a Notice to Property Owner that if the bill is not paid a Lien will be put on the Property. I wrote more letters and made more phone calls. I never received a reply nor was I ever notified that a lien was placed on the property. On12/19/2001 I received a demand letter from a Attorney demanding payment of the remaining bill plus interest. This is 4 years after the contract was signed but since the job was never completed there was never and end to the contract. What are my legal rights, do I still have to pay even though I sought resolution but the contactor refused to reply.
2 Answers from Attorneys
Re: Collection Notice for Non Completed Work
First of all, this is probably beyond the 4 year statute of limitations to sue on a contract.
However, you should reply to the attorney with all information and copies of any correspondence that indicates that 1) the work was never completed, and 2) that you made every attempt to get the contractor to complete the work.
If the attorney persists, and the facts are as you have described, then you may have a counter claim against the attorney and the contractor for their actions.
Re: Collection Notice for Non Completed Work
There are statutes of limitations against filing a lien and expunging a lien that has been placed against your property. I will be happy to review all of your documentation without charge for consultation if you fax same to me at 714 363 0229. Our firm handles cases throughout California.
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