Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal

I'm in a situation as follows.... (Los Angeles) I am a

Customer Question
I'm in a situation as...
I'm in a situation as follows....
(Los Angeles)
I am a fairly young sole proprietor fabrication business,with not a whole lot of bankroll to use as cash flow.
Client(tv studio) hired us to design and build environmental decor, furniture, and sculptures for a scheduled tv event. They hired us through a planner they had subcontracted.
An invoice was sent for 30k+, half was paid up front. Final balance due on event date(early April) there were no signed contracts at the time.
4 days before completion we were notified that the event was postponed with a future date unknown. They agreed via email to pay us 500/month to store the unfinished product in our warehouse, including the backed rent of June and July.
At the end of April they told us they lost their investors and weren't sure when they could pay us. After three months of attempting to get them to pay and finally threatening legal action they paid us( end of July)
This cash flow deficit(it wasn't a very high profit job) hurt us financially and actually prevented us from being able to take on a few jobs that crossed our table.
At that time they proposed an 18 month window to complete with a 3 month warning and complied that they would pay the additional 5-6k for us to complete the project. (Not having the full payment in april meant we had to release the contractors and pay them out) We have to rehire the contractors to help finish the build and painting)
We sent them an updated contract including the new terms and rental agreement included. We also required a signature as we didn't want a repeat of last time. The new contract also has late charges that Can be applied at our discretion.
They never sent it back and have dodged every email, phone call, etc. They owe us almost 5 months of rent(first and last were required up front)
What can I do? I would be happy to let them take the materials( though worthless until completed) and have them pay us out the backed rent, or I could even repurpose them and call it a wash. But I don't know how the rules apply in a situation like this, fabrication contract+rental.
I haven't been able to get a single lawyer to call me back and I've left messages with at least 30 offices. I reached a real person at one and after hold time she said it wasn't worth the lawyers time and that he said go to small claims, however I want to know what's what before I put time into that long process.
One friend said we might be able to get a mechanics Lien. ???
I would appreciate any advice you can offer.
Submitted: 1 year ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 4 hours by:
9/16/2016
Lawyer: Lucy, Esq., Attorney replied 1 year ago
Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 31,030
Experience: Lawyer
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

How much is the rent they still owe you? Did they pay everything except the rent at this point?

Ask Your Own Legal Question
Customer reply replied 1 year ago
2500 at this point, but they withheld almost 13k last time and i dont want it to get to that point again.they havent responded in almost 2 months
Customer reply replied 1 year ago
any advice?
Lawyer: Lucy, Esq., Attorney replied 1 year ago

I apologize for the delay, as I typically am not online after 5 pm EST on Fridays.

You have the ability to serve them with a 3 day notice to pay the rent owed or vacate your warehouse. If they pay, then you can serve them with a 30 day notice to vacate. If they don't pay, you can go to court seeking a judgment that they must leave, plus a judgment for the $2,500. You'd be able to request a lien on the inventory being held in the warehouse, and if the judge grants it, the items can be sold to pay what they owe you.

A mechanic's lien is appropriate if the money they owed you was for the work done on their studio. However, there are multiple notices that must go out to perfect your right to a mechanic's lien, starting with when you begin the project. Also, the money they owe you now isn't for the studio - it's for renting your warehouse. So there wouldn't be a mechanic's lien on the studio.

You do not need a lawyer to represent a sole proprietorship (and in Small Claims Court, you couldn't have one). The state has more information on their website, including forms:
www.courts.ca.gov/selfhelp-eviction.htm

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Ask Your Own Legal Question
Customer reply replied 1 year ago
if they vacate the premesis can they take their stuff if they have not paid(it's only half built product at this point)?Also if they request we finish the job and were to take possession of the product due to the 3 day or quit, are we required to finish it even if they don't pay the backed rent?The agreement was they had to pay an additional 5400 for us to finish and give us a 3 month notice to complete within 18 months of the agreement, however they still haven't signed the contract.
Lawyer: Lucy, Esq., Attorney replied 1 year ago

You can refuse to finish the job until they pay you. They're in breach of the contract, so you don't have to finish the work. They are allowed to take their stuff and go so you can get your space back, but if you'd rather get paid, you can sue for the lost money and not evict them. That's entirely your choice as the property owner.

Ask Your Own Legal Question
Lawyer: Lucy, Esq., Attorney replied 1 year ago

Do you have any other questions about this?

Ask Your Own Legal Question
Ask Lucy, Esq. Your Own Question
Lucy, Esq.
Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 31,030
31,030 Satisfied Customers
Experience: Lawyer

Lucy, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
I need to file a small claims action from an online order
Hello,I need to file a small claims action from an online order that was never received. I live in San Diego County California and the company I ordered the item from is in Los Angeles County Californ… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,440 satisfied customers
I have been served small claims court for $10,000.00 for
I have been served small claims court for $10,000.00 for using a wall separating my property from my neighbor's. I have never been billed for this nor has any agreement every been made. There are no d… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
35,345 satisfied customers
I am a Colorado corp. and would like to use small claims
I am a Colorado corp. and would like to use small claims court to set aside a contrac, is this available … read more
Ely
Ely
Counselor at Law
Juris Doctor
24,353 satisfied customers
I filed a small claims against Verizon. Was awarded
I filed a small claims against Verizon. Was awarded $6500.00. However, Verizon filed a motion in district court (not small claims) for award to be vacated. Was granted.Even so, contact states both Ver… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,440 satisfied customers
My son is looking for a small claims attorney in the Omaha,
my son is looking for a small claims attorney in the Omaha, NE area. he had damage to his home, insurance paid to have it repaired but the roof continues to leak. he has made numerous attempts to cont… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
I'm a plaintiff needing to immediately in small claims court
I'm a plaintiff needing to immediately in small claims court file a Motion to Strike a Motion to Quash/Dismiss. I have two concurrent small claims cases in two cities. The defendant submitted a Motion… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
What happens in a small claims/eviction when a defendant is
what happens in a small claims/eviction when a defendant is not properly served the summons papers … read more
LegalGems
LegalGems
Juris Doctorate
10,728 satisfied customers
What is the highest limit in small claims court in nc.
what is the highest limit in small claims court in nc … read more
Lori
Lori
Juris Doctor
318 satisfied customers
Is there a time frame you can file for small claims in IA?
Is there a time frame you can file for small claims in IA? … read more
Ray
Ray
Lawyer
Doctoral Degree
30,914 satisfied customers
I am contemplating a small claims action and this is my
I am contemplating a small claims action and this is my first. My wife and I purchased two cell phones and related agreements from Victra/Verizon and promises were made; etc. Part of their process is … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,406 satisfied customers
What is the maximum dollar limit for Colorado small claims.
What is the maximum dollar limit for Colorado small claims … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,440 satisfied customers
I currently have an EIN under a sole proprietorship, but I
Hi there, I currently have an EIN under a sole proprietorship, but I have changed the business to an LLC. What do I need to do? Also, I am opening another business and I don't know if I will need to g… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,553 satisfied customers
My small claims court date was postponed by the defendant
My small claims court date was postponed by the defendant from October 24 as he works in China. He set the date for January 4. I have business in Australia until Jan 6. Please list the following Janua… read more
socrateaser
socrateaser
1,031 satisfied customers
Can a small claims suit be filed within California in the
Can a small claims suit be filed within California in the county where it was delivered vs. the county where the move originated? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,198 satisfied customers
Is it difficult to contest a small claims decision when you
Is it difficult to contest a small claims decision when you feel the underlying decision was not fair … read more
Ely
Ely
Counselor at Law
Juris Doctor
24,353 satisfied customers
It's about my probability in winning a small claims case.
hi it's about my probability in winning a small claims case. could you help me with that … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,440 satisfied customers
Small claims for business. California Orange County. No. Im
1. Is it defense if there is not a signed agreement in place… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
35,389 satisfied customers
I wanted to file in small claims court, but the contract
I wanted to file in small claims court, but the contract agreement I have is my corporation with an LLC. The template only gives me the option of filing against an individual or a corporation. Do you … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,704 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x