Legal Question in Civil Litigation in California

I need information or direction on how to file a claim against a subcontractor of mine that did not pay me for the last 2 invoices totaling $30,000. My company ( a CA corporation) wants to take legal action against his company (a sole proprietor). Please advise who to contact for forms, fees, and instructions.


Asked on 10/27/09, 7:50 pm

3 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

I do not fully understand some of the facts you relate. I assume that your company is the subcontractor and did work for the other party who did not pay you. I do not understand why the reverse would occur. As a practical matter, however, it probably does not really matter. I also assume that the debt would not be covered by a mechanic's lien [a sub working for a prime contractor working on a house can place a lien on the house on the basis of the property owner probably going to pay the prime more money]. So it sounds as though you have a simple breach of contract action.

There are no claim forms. You should write a letter demanding payment and try to find out why he is not paying. If you have a written contract you have four years to file suit, 2 years if it is oral,but it is always best to sue as soon as you know the person will not be paying you. There is a court form complaint that you can get off the court web site. You can get a Nolo press book on contract law, which you should read so that you have a general idea of what is going on. If you hire an attorney, they will charge you the hour, usually perhaps $250-400 per hour [I am retired so charge much less]. It seems to be a simple case but based upon your question my guess is that you will need an attorney.

If you want, you can call me and I will speak with you without charge for about 15 minutes.

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Answered on 11/01/09, 8:34 pm
Melvin C. Belli The Belli Law Firm

First if you are a corporation you will need to hire an attorney because you can't represent the corporation in court. Only lawyers can represent people or entities in court. Therefore since the corporation is a distinct legal entity it will have to be represented by a lawyer. Don�t waste time with the books go call George or another lawyer because of the above.

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Answered on 11/02/09, 12:07 am

Mr. Shers is right, your question is confusing. Just because it is confusing, though, I wouldn't assume you don't have a right to a mechanics lien. Mr. Belli is right that you can't represent yourself. If this is a construction matter, I have over 20 years in construction law, including serving as construction counsel to San Francisco International Airport. Please contact me or another attorney soon, as mechanics lien rights have very short lives, measured in days not years.

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Answered on 11/02/09, 12:52 am


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