Legal Question in Civil Litigation in California

Re: who's right?

Write off the $2,300 and go to small claims. And next time no verbal contracts. Pay an attorney to write one.

Re: who's right?

You have two options: File a lawsuit in small claims for $7,500 (jurisdictional maximum for small claims). Or... file a limited jurisdiction civil action for the full amount.

The advantage of small claims action is that you don't need an attorney, the paperwork is simple and the filing is cheap.

The disadvantage is that you won't be able to go for the full amount as you would in a civil action.

Thanks,

Arkady

Re: who's right?

You might consider filing in small claims court and waive the amount over $7,500.

Re: who's right?

Why is she refusing? What is her defense? Interest may be requested until a case is finalized and up to the time it is paid, whether or not attorney's fees may be recovered is a concern. Contact me directly as there are options with various types of work performed.

Re: who's right?

You're likely better off in small claims court, waiving the amount over the small claims limits. Otherwise, attorneys fees and costs will eat up much of your recovery, even if you win and are able to collect. You likely would have been in a much better position had you paid an attorney to draft an appropriate custom agreement and had the other party sign it (and next time, you should do this) - for example, most attorneys would include an attorneys fees clause, and might have specified arbitration or some other remedy in case of default.