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BizAttorney
BizAttorney, Attorney
Category: Legal
Satisfied Customers: 2273
Experience:  Over 12 years of business and legal experience.
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IS IT LEGAL FOR A GARDBER TO PUT A LIEN ON OUR PROPERTY WITH-OUT

Resolved Question:

IS IT LEGAL FOR A GARDBER TO PUT A LIEN ON OUR PROPERTY WITH-OUT US HAVING A WRITTEN CONTRACT OR EVEN AN ESTIMATE OF COSTS?
Submitted: 1 year ago.
Category: Legal
Expert:  BizAttorney replied 1 year ago.

BizAttorney :

Good evening! I can help you out with your legal question tonight. Yes, any contract over $500 must be in writing, but verbal contracts for less can still be actionable and cause a lien to be put on your property.

BizAttorney :

Is the worker legitimate, meaning are they a contractor and paid the CA fee?

BizAttorney :

If not, then you don't need to pay the contractor at all. If the contractor has a license, then you must deal with the contractor's threat.

Customer:

Can i demand him to show proof of his license to prove his threat?

BizAttorney :

Yes you can and that is very wise.

BizAttorney :

Or you can look them up by his company's name.

BizAttorney :

He needs to be a licensed contractor in order to deserve payment. Otherwise you can pay him nothing and you will be within your legal rights.

Customer:

HOW CAN HE DO THIS WITHOUT US AGREEING TO ANYTHING. HE NEVER EVEN GAVE AN ESTIMATE.

BizAttorney :

He can't, he will be relying on oral statements, which are difficult to prove.

Customer:

hE CAME ON OUR PROPERTY ALSO WITHOUT US BEING HOME. AND STILL DIDNT COMPLETE WHAT WE WANTED.

BizAttorney :

I understand and he really has a weak argument, but still gather as much evidence as you can to show you did not agree to this work and is trying to force you to pay for work you never agreed to.

Customer:

HOW DO I FIND OUT IF HE IS A CONTRACTOR/

BizAttorney :

What is his company's name?

Customer:

how do i find out if he is a contractor?

BizAttorney :

Here is the link:

BizAttorney :

https://www2.cslb.ca.gov/OnlineServices/CheckLicenseII/CheckLicense.aspx

BizAttorney :

search that and see if he is licensed.

Customer:

joeseph s. paredez is his name.

BizAttorney :

Does he use a company name?

Customer:

nope

BizAttorney :

I did a search by his name and didn't see him listed. That is good news for you.

Customer:

he didnt even do the work. he had his son do it, his name is XXXXX XXXXX paredez.

BizAttorney :

It doesn't appear that you will need to pay him and your only defense needs to be that he wasn't licensed.

Customer:

so should i send him a certified letter n tell him to stop harrasing me due to the fact that he is not licensed and there was no contract.

BizAttorney :

Yes, that would be a great idea. Threaten to sue him for attorney's fees if he tries to lien your property.

Customer:

Thank you very much!!

BizAttorney :

You are very welcome! Have a great night and please give me feedback so that I can continue to help others.

BizAttorney, Attorney
Category: Legal
Satisfied Customers: 2273
Experience: Over 12 years of business and legal experience.
BizAttorney and 12 other Legal Specialists are ready to help you

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