Legal Question in Real Estate Law in California
GUARANTEE.My out of state nephew asked me to install a new garbage disposal and new carpeting in a vacant rental unit he has here in Bakersfield Calif. I did the work per his request & acceptance..It has been a year now & he has not paid me one cent. He sent a letter saying he knows he still owes me for labor & material but cant pay me right now & that he has a buyer on the rental and has started a 30 day escrow. I think he will try to close without paying me. Is there anything I can do right now in this timeframe that will guarantee I will either get paid or enable me to repossess my materials. I still have all my original receipts for the materialsl. I am 69 years old and NEED YOUR EXPERT ADVISE ASAP before its to late.
2 Answers from Attorneys
You are going to have trouble collecting if you were not a licensed contractor and the work you did required a contractor's license.
You could file a small claims suit against him where the house and the work was located, alleging you were a handyman doing a job under $500, one filing each for the disposal, and one for the carpet. Then if you win, you could record that court judgment against that property, and you would be entitled to get paid before escrow closed. You are probably too late to timely file a mechanics lien against the property. You may be too late to get into small claims court and obtain a judgment before his escrow closes. But, just filing the case may prompt him to pay you, so try it.
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