client who don't pay.

[Danimal16]

Small Claims Court. If you know the family you can make the case. If you get a judgement you can than go about leaning the property based on the court order (if you get one). Remember small claims in California is now $7500 plus court costs.

You could get lucky, she has alot of explaining to do.

[Evans, Marv]

Too bad you can't/won't let your friend know about this. In that case you will eat it big time. Yes, you should go in there and take out everything you put in. It's yours, not her's. The small claims court may be your only option to recoup some of your money. Actually you probably won't get anything out of her, but you might get a settlement from the Commissioner. There are a couple of threads about small claims court. Best of luck to you. It really takes the wind out of your sails when something like this happens.

[look 171]

Believe me, it did cross my mind about going in while the other guys are working and just take my recess lights, cut all of our framing, and tear down all the dry wall and ceiling we put up. I can end up in jail, should she call the cop on me. That's breaking and entering, right?

[look 171]

Originally Posted by Danimal16

Small Claims Court. If you know the family you can make the case. If you get a judgement you can than go about leaning the property based on the court order (if you get one). Remember small claims in California is now $7500 plus court costs.

You could get lucky, she has alot of explaining to do.

What does the family have to do with it?

I have never had to do this, so where do I start?

[Evans, Marv]

I would go in and take pictures of all of the materials and construction you did. I would just walk in while the other guy(s) are working and the place is more or less open and start photographing (documenting). If she or the guy working there asks, I would tell them you are documenting your work and materials (that you didn't get paid for) for a court action later on. The might initiate some movement on her part.
The small claims court action is (was - I haven't done that for a long time) really easy. All you have to do (at least in the past) is go to the court house and ask for the proper paperwork to fill out and file. The filiing fee, last time I had to do it, was $20 plus you had to pay another $40 to have the person served. You also had the choice of having them served either by a private service company or the local Sheriff. You are notified when the person is served and receive a court date with the Commissioner. There you present your photo evidence along with your receipts, and explain why you are unjustifiably out the money & expenses. The other person presents his/her position and the Commissioner makes a judgement. Collecting the judgement from the other party is your burden, but if they don't pay and you don't file the paperwork saying they settled, the judgement remains on their credit record for 7 years (I think). Maybe somebody else who has done this lately will chime in if the system has changed. Last time I did it the limit was $5K.

[svandamme]

Originally Posted by look 171

What does the family have to do with it?

I have never had to do this, so where do I start?

Well, you said she was the friend of your best friend.
Now, what would go down better with your best friend?
- You going in, tearing the place up over a disagreement?

- You talking to your best friend, about a disagreement with his sister, in an effort to resolve it?

Either way you will test the friendship, the former will test his ability to tolerate weirdness. The latter will test his ability to back you up, as the best friend he is?

Note, i'm not saying he is expected to resolve it for you, but if he is your best friend, he can at the very least try to intermediate, even if it's from a neutral position.

[dewolf]

Send the leg breakers around. I bet you have your cash in a week. You will get no help from the law and she ain't going to pay. Send in the boys.

[rnln]

I am pissed hearing this J. I would start from what Evans, Marv said above, but I think you might want to talk to your friend before you bring her to court. When taking pictures, don't damage anything in the house nor fight with them. I hope you have those inspection paperwork. Good luck.

[Heel n Toe]

Originally Posted by look 171

My wife and I had been talking, I don't think we will tell my friend. If his mom find out, she will rip her a new one. My buddy and I wired his parent's back house over two weekends. I didn't charge them any money. We are great friends. I do not want this crap to get in between our friendship.

Well there's your solution right there.

You gotta play the "mom card"...works every time. Do it... then enjoy it when this woman comes crawling to you asking for forgiveness.

[Eric 951]

Tell your friend how his sister screwed you. If he has known you for 20 years, he knows that your work is legit.

If you want any satisfaction at all, this is the only route to go since you don't have a written contract.

Either tell your friend and let him lean on his sister for some form of payment, or take the loss, as there is no other recourse.

[jyl]

I'm not sure how much you have lost - $7500? Weigh that against burning up 3-4 days preparing evidence for your small claims case, getting her served w/ complaint, going to court, going back to court after first date is postponed . . . For maybe a coin flip chance of winning (if that), and then you have to collect, they don't just send you a check - ready to jump through the hoops to have sheriff seize her property, garnish her wages, etc? I think you'll make the money back faster by working on the next job.

You sound ambivalent about involving the family, but suing her will obviously involve the family - you think miss ***** won't go whining to everyone?

I would

1. Document that you were kicked off the job, not given a chance to finish, your work torn out, thus you have zero responsibility for anything, no warranty. And she owes you $X (not that she'll pay, but you have to say it). Letter to her, certified mail, return receipt requested.

2. Tell brother about it, in the nicest way you can. Like, I had a bad experience w/ your sister, advise you don't refer her to any of your friends for anything, not that you did here but just a caution.

3. Learn the lesson and move on.

[Rick Lee]

It's not going to take 3-4 days to prepare this case. You don't get hours in small claims court. It's more like traffic court plus a few extra minutes. Chances are the defendant won't even show, you'll get a default judgment and then can try to collect. I would never let someone off the hook for this kind of money. You may not collect, but make sure this follows them on every credit application they ever fill out for the next seven yrs.

[jyl]

You have to count the sitting around time . . .

[enzo1]

don't be a victim, apply pressure

[Danimal16]

Originally Posted by look 171

What does the family have to do with it?

I have never had to do this, so where do I start?

Family has nothing to do with, but I THINK my point was that you could use the family to influence her to pay and that being the right thing to do. I sure didn't make that point very well, sorry.

Anyway, the small claims court is at your local County Court House. You may even be able to get the needed procedures on the court house web site. Just Google it up and you can start there. It is a nominal filing fee, and in most county's you can pay a fee to have the local marshal serve the papers. The court should handle that for you, it is far easier than serving the papers on the person or the cost of the service. Remember, you cannot perform the service. After that, the process is very straight forward. The key to winning is to be prepared, have all of your records set up very clearly and make your arguments as clearly as you can in the shortest possible time. Also, you need to have copies not only for the judge but for the defendant.