Legal Question in Credit and Debt Law in California
Our small business performed maintenance on an aircraft. The owner made payments at first, but not in a timely manner. I turned him over to a collection agency and after a year's time, the agency informed me that they were too busy to pursue this any longer. Time to file a mechanics lien has expired. The amount owed is too large for small claims court. How do I go about collecting the debt?
Thanks in advance,
Jody
2 Answers from Attorneys
You would need to file a lawsuit in Superior Court, yourself, or with an attorney.
Joel Selik
Don't worry about the mechanics lien; they are mis-named and you wouldn't have had a right to one anyway. They actually only pertain to construction work. Mr. Selik is correct that you will have to sue in Superior Court. Watch your time limits. If you didn't have a written contract, you only have two years from when the last payment was made in order to get the action on file. With a written contract you have four.
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