Legal Question in Civil Litigation in New York
Customer has not paid for work completed
I made a big mistake and didn't have a customer sign a contract. He has yet to pay me a final balance of $700. I know small claims is an option. Does that make them legally bound to pay me? I'd rather not retain a lawyer, though. I'm very small and can't afford it. How about a lien on their business/property? Can I do that? Is it expensive? Maybe just a nasty note from an Attorney? I've certainly learned my lesson. What can I do now?
1 Answer from Attorneys
Small Claims/Liens
You are still entitled to be paid for your work. The standard that is used is called "quantum meruit" and means the value of your labor. Small claims is the best vehicle for you in that is costs little. The person can be found liable and be bound to pay you - although collection may be hard if they have no assets. If the person has a job you could garnish the wages. If your bill has to do with work you did on the person's house - yes - you could place a lien through the County Clerk's office - but that will simply give you a claim if they try and sell the house. You may be better off in small claims!You're right - sometimes a "lawyer's letter" will do the trick - scares people in paying. It is something to consider and usually costs very little.Good luck and let me know how you make out!
Sal
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