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My friend Cesar did some work on a home for a contractor nam

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ed John. The contractor got...
My friend Cesar did some work on a home for a contractor nam ed John. The contractor got paid by the owner but has not paid Cesar the $1700 that was agreed upon. The job was finished 18 days ago and the John just keeps using all kinds of excuses as to why he has not paid Cesar. Supposedly the owner of the home already paid John with a check so John had to wait for it to clear, that was 2 weeks ago. John made arrangements to meet with Cesar this last Saturday and even asked the spelling of Cesar's last name so he could write him a check, well Cesar should up for John but John was a no show and no call. Cesar is in dire need of some advice. Would a mechanic's lien be helpful at this point. If so, what forms would we have to get or how do we go about filing the lien or suing in small claims for payment? Your expertise would be greatly apprciated. I tried to except you but justanswer wants me to add my card number when I already have a $25.30 balance on my account.
Submitted: 7 years ago.Category: Legal
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Answered in 14 hours by:
8/12/2010
Lawyer: Fran-mod,
 replied 7 years ago
Fran-mod
Category: Legal
Satisfied Customers: 48
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My name is Francine, and I’m a Moderator for JustAnswer.

Thanks for your question!

I'm sorry that you haven't received an answer yet. The response rate on JustAnswer is usually over 95%, but sometimes questions go un-answered when:

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Customer reply replied 7 years ago
I don't understand why someone has not been able to answer such a simple question. And as for the money, the $15 is what justanswer recommended. It was either $15 or $38, which I only have $25.30, so I chose the $15. I just need an answer, you can bill me the $25.30 for all I care, I just need to help my friend get the money he worked for and so desperately needs so he can buy groceries and pay his rent! Your help is greatly appreciated. Thank you and blessings to you.<br />
Lawyer: Fran-mod,
 replied 7 years ago
Hi,

This is posted in the Business Law section, but it will be seen by many more experts and increase the possibility of a response if I throw it open to all of our legal experts.

If you want me to do that for you, let me know.
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Customer reply replied 7 years ago

Fran,

 

Do what you can, throw it open for all your legal experts. Thank you.

 

Dahlia

Lawyer: Fran-mod,
 replied 7 years ago
Hi,

I've just put this in Legal.

I’ll try to find an Expert to assist you. When the Expert replies, you will receive an email notification. If you find the answer helpful, please remember to click the green Accept button so the Expert is compensated for the answer. Thank you for your continued patience.


Regards,

Fran

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Lawyer: Steinlaw, Attorney replied 7 years ago
Steinlaw
Steinlaw, Attorney
Category: Legal
Satisfied Customers: 1,811
Experience: 8+ years as an insurance adjuster, 7+ years as a personal injury and consumer law attorney
Verified
I am sorry Cesar is going through this.

Cesar cannot file a mechanics lien unless he is a licensed contractor. It does not appear from the facts that he is. Thus, a mechanics lien would not work.

Cesar should first send John a demand letter asking to be paid the money. There are many free samples online. Give John 10 days to make the payment. Then, Cesar should file a complaint with the state labor department. They will investigate this. They should order John to pay and fine him. The order is important because it would not be dischargable in bankruptcy court.

Good luck to Cesar.
Steinlaw
Steinlaw, Attorney
Category: Legal
Satisfied Customers: 1,811
Experience: 8+ years as an insurance adjuster, 7+ years as a personal injury and consumer law attorney
Verified
Steinlaw and 87 other Legal Specialists are ready to help you
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Steinlaw
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Category: Legal
Satisfied Customers: 1,811
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