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CalAttorney2
CalAttorney2, Attorney
Category: Landlord-Tenant
Satisfied Customers: 10238
Experience:  I am a civil litigation attorney with experience representing both landlords and tenants in residential and commercial property disputes.
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I did some air conditioning work apartment complex the

Customer Question

I did some air conditioning work for a apartment complex the apartment manager was supposed to be paying me for invoices that she was given for payment but now she stopped paying what legal rights do I have to collect what she owes me
Submitted: 10 months ago.
Category: Landlord-Tenant
Expert:  CalAttorney2 replied 10 months ago.

Dear Customer,

I am sorry to hear that you are not being paid for your work.

Mechanic's disputes are unfortunately not uncommon.

Generally, these fall into two categories:

  1. Contractor or subcontractor with a written contract can place a mechanic's lien and pursue that remedy (often giving the initial notice and/or placing the lien is sufficient leverage to get paid): http://www.cslb.ca.gov/Consumers/Legal_Issues_For_Consumers/Mechanics_Lien/
  2. Contractor or subcontractor without a written contract (or with a written contract, but for some reason fall outside of the lien laws), who must file a civil "breach of contract" action against the property owner in order to be paid. (If the amount outstanding is less than $10,000.00 you can do this quickly and easily in small claims court: http://www.courts.ca.gov/selfhelp-smallclaims.htm).
Expert:  CalAttorney2 replied 10 months ago.

Short of filing a lawsuit, you can try to mediate the dispute with them - contact your local bar association and request referrals to mediators, a third party neutral can often help you reach a mutually agreeable resolution. Use the bar association's referrals to contact a mediator or two, the mediator will then contact the other party to set up a mediation session, and you can go from there - hopefully resulting in a formal or written settlement agreement, and save yourself the time and expense of litigation.

Customer: replied 10 months ago.
It was with the apartment manager that I was doing the work for their was no contract bur I do have the invoices she was paying me and she makes all kinds of promises that she is going to pay the invocie and she don't can I send her a letter stating that if she don't pay that I will contact the owners of the apartment for payment
Expert:  CalAttorney2 replied 10 months ago.

You can sue the apartment owner (remember, she is their "agent" - makes decisions regarding the apartment complex on their behalf). You can send them a demand letter.

(Again, if you are suing for less than $10k, use the small claims site - they have forms and even a demand letter template you can use).

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