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My business provided work for our customer( another

My business provided work...

My business provided work for our customer( another business) and racked up a total of 30 grand worth of labor and the customer doesnt want to pay. i wanna file a lein but dont know what type of lein and what paperwork to fill out

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

California

Lawyer's Assistant: Has anything been filed or reported?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The customer has gone past the terms set on the invoice and refuses to pay

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Answered in 5 minutes by:
3/7/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 13,470
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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I'm sorry to hear about your situation.

This appears to be a classic breach of contract because they have failed to pay you. A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. This website is also pretty cool because you can download the forms right after purchasing. Click here to get started.

To get a lien on their property in CA, what you first have to do is sue for breach of contract, win successfully, but then the other party has to refuse to pay. You could get a "writ of attachment" at that point, which is basically an order by the court to attach the amount of your judgment to personal or real property the defendant has. So, I would go the informal route first, but keep in mind that you may have to sue to enforce your rights.

What other questions did you have for me today that I can help you out with:-)?

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Customer reply replied 4 months ago
you said " returned to the same position they were in before the breach" what does that mean? and so i cant give the customer a preliminary lein? so generally this process is very long and tedious?

Sort of. So, the law doesn't allow you to just place a lien because someone owes you money unless you're a mechanic or a contractor. If you're engaged in any other kind of business, a lawsuit has to come first

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Whether it's long and tedious depends on whether the customer decides to actually pay up instead of fighting on this. There's recourse, but the more intransigent they are, the tougher it'll be for you; however, you can always request your attorney's fees and court costs as a part of your damages if you were to take them to court.

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Customer reply replied 4 months ago
the service offered was for labor because i fixed their machine

I see. Sadly, the law here in CA won' allow for you to file a lien against them for that. You'd have to file a lawsuit and win first. It may take a while, but given the amount of $ they owe, it may be worth it. I'm very sorry and I wish there was a better, simpler way for you to do this, so my strongest recommendation is to just basically threaten with a lawsuit because they could end up losing even more than the $30k they owe you.

How else can I help today?

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Customer reply replied 4 months ago
would you recommend that i get an attorney to write a letter to my customer and tell them there will be legal action? or would i be able to hire a debt collector?

Good question. You could hire an attorney locally to draft a letter for a few hundred dollars probably, threatening to bring a lawsuit if they don't. If that doesn't work after about 30 days or so, you can probably sell your debt to a collector and just move on. It'll keep you out of court and at least get you something out of this.

What other questions did you have for me today?

Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 13,470
Experience: Licensed to practice before state and federal court
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Legal Eagle and 87 other Legal Specialists are ready to help you
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Customer reply replied 4 months ago
i see ok thank you for your time.

You bet!

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