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Suing for unfinished work

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infocus

Member
What is the name of your state (only U.S. law)? CA

I hired a small business owner to design, print and install a vehicle 'wrap' vinyl design on my car. He was paid in full with two checks which correspond to his invoices. The man did half the work and never finished. He is ignoring my calls and emails.

I have photos of the car before, during the install, and after. I also have email communications about the project.

What code(s) is he in violation of?

What is the maximum amount I could sue him for in small claims under California law? I assume the judge will ask for estimates of how much it will cost to get the work done elsewhere.
 
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dcatz

Senior Member
What is the maximum amount I could sue him for in small claims under California law?
An individual claimant is capped at $7,500. A corporate claimant is capped at $5,000. Your recovery will be capped at actual damages plus filing and service costs.

I assume the judge will ask for estimates of how much it will cost to get the work done elsewhere.
Take at least two. If you just take one, the Court is likely to automatically reduce it 20-25%.

Take the cancelled checks, invoice copies and the pictures. Organize those for presentation to the Court to illustrate the basis of the claim. Take the email but don’t force it on the Court unless it’s requested to prove a timeline or projected completion date. Note the respondent’s bank and account number from the back of the checks in case you need bank information to assist in involuntary recovery.

What code(s) is he in violation of?
I honestly don’t understand to what you’re referring or why this would be a concern in Small Claims. Have to leave that one to someone else.

Are you sure that giving the respondent that one more chance to finish the job or you litigate won’t get the work done and save you time and effort? At best, you’ll pay and wait to go to court (figure 45 days). Then, after winning, you’ll wait 30 days for an appeal period before you can enforce a judgment. Then, you have to recover from the respondent, unless you first go out-of-pocket to get the job finished elsewhere while you try to collect.
 

infocus

Member
Great answers!! This forum never ceases to amaze me.

I have been waiting for 6 months but no response from vendor. I wanted to email him one final time before suing, and mention the code(s) that he is violating so he understands.

Unfortunately, he cashed my checks at his bank so I don't have his bank account number. It may be difficult to collect because he doesn't have a storefront. Thus my next question is, what are my options to collect? I do know where he banks.

If you read the California small claims court website, you see they do not recommend having his car taken. If he owes money on the car, they get paid first. If car is sold in auction you may not get much after the loan is paid etc.
 

dcatz

Senior Member
Unfortunately, he cashed my checks at his bank so I don't have his bank account number.

His account number should still be determinable from the endorsement on the reverse side. Ask your bank’s Operations Officer. If, for some reason, it can’t be determined, you can still determine the branch of his bank and levy. Your chance of success is much greater with the account number, but you aren’t foreclosed without it. A levy is a court order and imposes an obligation on the bank as well. What you will need to do in any event is to correctly and fully designate your defendant. If you do that, you can serve the branch and seize “any and all accounts standing in the name of John Doe dba John’s Vehicle Wrap”. The responsibility on the bank is less but not non-existent. If you get it wrong and also don’t have an account number, you could be empty-handed.

If you don’t designate correctly, the effectiveness of other enforcement options will also be reduced – maybe to zero.

It may be difficult to collect because he doesn't have a storefront . . . What are my options to collect?

What does “doesn’t have a storefront” mean? You possibly have a number of options – levy, keeper, till tap, assignment order etc. – until you explain that this is some guy operating a business under the radar and out of his garage. Is that it? Is that what “violating code” is about? Is this a “business” that should be regulated by BAR or have a BOE seller’s permit and/or a business license but doesn’t? If this is some guy you found on Craigslist, everything changes.

They do not recommend having his car taken.

I can’t imagine a Small Claims judgment that would justify the expense of a “seize and sell” of a vehicle. That doesn’t mean that you couldn’t reach other personal property.
 

infocus

Member
Good replies, good to know. He has TWO valid sellers permits for two businesses. I actually helped him set up one of the businesses. I just have never done this kind of thing before and I want to make sure it's worth my time to sue when collections seems like a difficult thing. But it is possibly not so difficult. I really have no idea.

Is there a list out there on the net that shows all the various legal avenues for collection for small claims court?

Also, with respect to "showing damages", basically, I need to have the work re-done. I guess the only other damage is that the vehicle is unfinished and looks unprofessional. Can I attach a figure to that and add it to the lawsuit? Or is it just raw time+materials cost that I need to claim?
 

dcatz

Senior Member
Is there a list out there that shows all the various legal avenues for collection for small claims court?

There is for you. It’s the same one that applies to other courts. It’s called the Enforcement of Judgments Act, and it starts at Calif. Code of Civil Procedure sect. 680.010. You should probably focus on money judgments beginning at sect. 695.010, ‘cuz it’s a lot of reading.
http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=ccp&codebody=&hits=20

Can I attach a figure to that and add it to the lawsuit?

Go for the whole enchilada. The Court won’t award more than you ask for. It may decide to award less.
 

infocus

Member
So when someone is hired to do work and he does not complete it but has already been paid in full, such as in my case, would one say that the person is now violating California code of civil procedure?

Here is how I see this workflow:

1. First I get 2-3 estimates.
2. I go to small claims court and file a complaint. (form/steps for this?)
3. Someone serves him the papers at his home residence (what if he's never there?)
4. I get a court date.
5. If he shows up in court, he will try to defend himself.
6. I state my case especially showing photos of car before, during wrap job, and after.
7. If he doesn't show up, I win in court and I decide what is owed to me (within reason). Judge will want to know how much I want. I give the maximum allowed based on the estimate plus damages (my time, bad image of business??) plus all costs associated with going to court - filing fee, serving fee (if I decide to hire a professional server). If guy shows up in court and I win, judge will decide what is owed to me. Having the estimates from 2-3 other people will help decide monetary damages.
8. If guy DOES NOT show up, I automatically win and after the 30 day appeal period I have to collect. I will use the link provided above for options of collecting.

Am I missing anything here?
 
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dcatz

Senior Member
Would one say that the person is now violating California code of civil procedure?

Just skip the reference to “violating the CCP”. That was for the list of judgment enforcement methods that you requested. In the very little space that you have on the form, use something like “money paid – services not provided”. The judge will figure it out. The rest of your script will work.
 

infocus

Member
Is the form available online so I can pre-fill it out and just drop it off with my payment? Also, if I get a court date and I want to extend it, is this possible? And what if the process server can't locate the person?
 

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