Unfortunately, the court won't collect your money for you or even provide much help; it will be up to you to identify the assets you can grab. Normally, if an individual is working or owns valuable property -- such as land or investments -- collection is not too difficult.
You can instruct your local law enforcement agency usually the sheriff, marshal or constable to garnish that person's wages or attach his or her non-exempt property.
For a successful business, especially one that receives cash directly from customers, you can authorize your local sheriff or marshal to collect your judgment right out of the cash register.
And in many states, if you are suing a contractor or other businessperson with a state license, you can apply to have the license suspended until the judgment is paid. However, if you can't identify any collection source -- for example, if you're dealing with an unlicensed contractor of highly doubtful solvency -- think twice before suing. A judgment will be of no value to you if the business or individual is insolvent, goes bankrupt, or disappears. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Grow Your Legal Practice. Meet the Editors. When Should You Sue? Before you file a lawsuit, you need to decide a few things about your potential case.
You need to answer three fundamental -- and fairly obvious -- questions as part of deciding whether it's worthwhile to bring a lawsuit to court: Do I have a good case? Am I comfortable with the idea of a compromise settlement or going to mediation? Assuming a lawsuit is my best or only option, can I collect if I win? If the answer to any of these questions is no, you probably won't want to sue.
Do I Have a Good Case? The legal elements for this type of lawsuit are as follows: Contract formation. Is There an Alternative? Can I Collect if I Win? In general, contractors use fictitious business names or trade names for marketing purposes if their name or legal entity name is too long. For one, you may be suing the wrong contractor as many have similar names. If you win the lawsuit you will get a "judgment" against the incorrect contractor and this will bring problems down the road. Each city in California has a database of business licenses registered in that city.
Using the list of names you have created for the contractor, run a search on the California Secretary of State's website.
Keep in mind that most contractors are not doing business as a corporation or LLC but rather as sole proprietorships, but you want to run a search just in case. If no names come up, then run a fictitious business name search in the county where the contractor is located. Sometimes a contractor will operate using a name other than their legal name. This is known as a:. California law requires contractors that want to do business using a name other than their legal name to register the name in the county where their principal place of business is located.
The purpose of this is to ensure that when someone wants to sue a contractor, they are able to find the right person to sue. Still can't find the correct legal entity name? Another option is to search on the BBB. If the contractor has had complaints in the past, then the Better Business Bureau might have looked up the legal entity name.
If you win your small claims lawsuit, the California State Contractors License Board may be able to help you enforce the small claims judgment by suspending the contractor's license until they pay you. These folks really care and know their way around - totally on top of things. I have a PhD and still wouldn't have been able to navigate the system without this help. I can't recommend People Clerk enough. But there was no way I had the time to learn how to file in small claims court myself.
Let me tell you it was the best decision I made for the situation I was in. People clerk has a simple process from start to finish. Camilla is very friendly and she will communicate and stay in touch from start to finish. Your ultimate step- by- step guide for California small claims.
Learn how to file your California small claims court case. Hired a contractor to fix your floors, paint your house, or build a pool but they failed to properly complete the job? You have several options including submitting a complaint to the California Contractors State License Board.
This article outlines the following ways to resolve your dispute against a contractor: File a complaint with the California Contractors State License Board, File a small claims court lawsuit in California Small Claims Court. Before you can file a small claims court lawsuit in California, the court requires that you request your money or your property back from the person you intend to sue.
You will have to confirm you have done this when you file your lawsuit. While California has tried to simplify the forms used in Small Claims Court, it can still be complicated choosing which form to use and when to use each form.
Know the commonly used forms for California Small Claims Court. People Clerk helps you with your small claims court lawsuit. Get started. In this article learn about: Consider filing a complaint before suing a contractor in small claims How much you can sue a contractor for in small claims. How much going to small claims against a contractor costs. The steps to suing in a California small claims court.
What to expect during a small claims hearing. What information you will need when preparing to file the small claims court lawsuit. How to find the right legal name for a contractor you are suing. The Contractor's Licensing Board: Issues licenses. Investigates consumer complaints. Enforces the rules that contractors have to follow.
The process is faster in small claims than in other courts as your hearing will usually be scheduled days after you file the lawsuit. Lawyers are generally not allowed in small claims which helps keep the costs of suing low. So how much are you going to spend by suing a contractor in small claims court? Court Filing Fees The amount you will pay to file a small claims lawsuit in California depends on how much you are suing the contractor for.
If you wish to pursue a legal remedy against a contractor, you will have the burden of proving that a breach of your construction contract occurred or that a breach of either express or implied warranties occurred.
You should get legal help as soon as possible so your attorney can help you to gather the necessary evidence to successfully prove your case and obtain a legal remedy. If a contractor did not complete a project according to the specifications that you agreed to in the contract, this is a potential case of non-performance and you would have to show where the contractor fell short in his obligations.
If the contractor used substandard materials, delayed in completing the contract after the agreed-upon finish date, or otherwise failed to do what was promised, you could also pursue a claim for damages. Not only are you obligated to prove the contractor actually did not perform the contract, but you also have to show you were damaged in some way by the nonperformance. Suing a contractor is not always possible for non-performance because sometimes construction contracts will contain arbitration clauses.
If your construction contract does contain an arbitration clause, you will need to resolve your dispute in arbitration unless there is some very specific reason why the arbitration clause should not be enforceable.
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