Legal Question in Construction Law in California

We are business owners and have some customers that we want to take to small claims court for unpaid charges. We want to know if there are any guidelines required of us to submit to these customers before we can take them to court. For instance, notify them three times by certified mail and so forth.


Asked on 3/29/11, 9:55 am

2 Answers from Attorneys

David Gibbs The Gibbs Law Firm, APC

If you are simply suing them in small claims for the unpaid amounts and not foreclosing a mechanic's lien, then you need only write to them once demanding payment before you can file suit in small claims court. You do not need to notify them three times by certified mail, though doing so will only help your case (demonstrates your efforts to resolve the matter outside of litigation).

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Answered on 3/29/11, 9:58 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

There is no such requirement unless you intend to create and enforce a mechanic's lien. I do suggest buying the Nolo Press (or similar) book on California small-claims procedures are reading up on planning, filing, trying and collecting a claim.

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Answered on 3/29/11, 2:29 pm


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