Legal Question in Employment Law in California

recouping past due monies owed for self-employed maintenance service.
I am a gardener. I have one residential customer that has a rental property and has not paid. I've had a relationship with the owner for years. He's had different tenants. The latest tenants moved out last month. I billed him for the outstanding months owed me, and he said he assumed the renters had been paying. I told him he never notified me that the renters would pay, he always paid. He said because I let so many months lapse with the billing he thought , I was being taken care of. Can I get my money owed me for my services rendered; it's $910.00?

Asked on 7/20/07, 4:33 pm

3 Answers from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

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Re: recouping past due monies owed for self-employed maintenance service.

Explain to him, in a professional manner, that your contract is with him and if he will not pay you for your services, you will have no choice but to take him to small claims court.

Answered on 7/20/07, 4:48 pm

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Scott Linden Scott H. Linden, Esq.

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Re: recouping past due monies owed for self-employed maintenance service.

Of course you can, and you can under a couple of different theories of law. 1st, you have an unwritten contract wherein you perform the work and he pays you for it. Just because there has been a lapse in time does not mean he is relieved from his duty to pay for your services. The terms of this contract would be determined by yours and his "past performance" of your respective duties.

2nd - under a theory called Quantum Meruit. Quantum meruit is a Latin phrase meaning "as much as he has deserved". In the context of contract law, it means something along the lines of "reasonable value of services".

Please feel free to contact me at the number and/or email provided by LawGuru. Additionally, you can learn a little more about our firm as well as some very useful information regarding businesses on our firm's website RulesOfEmployment.com.

Answered on 7/20/07, 6:54 pm

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