Legal Question in Civil Litigation in California
If we are a small business and we do business for a school and they refuse to pay the remaining balance for services provided. Do we have any legal rights to get our money? An Invoice with the description of services was provided and fullfilled on our end. Please help
3 Answers from Attorneys
The answer to your question would ultimately depend on all of the facts of the contract and performance under that contract. Typically, work performed without payment is collectable and can be recovered in court. However, depending on the terms of the contract and whether or not work was performed under the contract, defenses to payment may be applicable. Ultimately, more information would need to be provided to give you a better answer to the question posed. If you would like, you can contact my office and I can discuss your situation with you to get a better undstanding of the situation. We provide litigation services to small businesses in California.
The answer to any such question is always going to be, 'you can sue' on your contract if it is breached. If under $7500 you could do so in small claims court. If substantially over that amount, you could hire an attorney to do so in Superior Court.
Yes you can sue for the balance, but you are may to need to file a claim with the School District, the County or the State of California under the California Tort Claims Act before being able to sue.