[CA] [CA] Our contractor has signed a promissory note to pay back money that he owes us. Should we file a grievance or report with the city in case he doesn’t pay?
Hello. Our contractor has a violation on our property that he cannot pay. We are going to pay the fee and have him sign a promissory note to return the money. What else should be our course of action? Should we file a grievance or report with the city in case he doesn't pay?
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You should go ahead and file a lawsuit for collection. Just don’t serve him. Hang on to the summons and complaint. This strategy allows you to preserve your legal claim while giving you up to five years to serve the lawsuit (CA Civ Pro Code § 583.310).
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Hello. Our contractor has a violation on our property that he cannot pay. We are going to pay the fee and have him sign a promissory note to return the money. What else should be our course of action? Should we file a grievance or report with the city in case he doesn't pay?
Lexi, Chatbot
I understand your concern about the contractor's violation on your property. Have you already discussed the situation with the contractor and agreed on the terms of repayment?
Yes, and he agreed to repay within 3 months. We just don’t trust that he will.
Lexi, Chatbot
Are there any specific deadlines or agreements in place regarding the repayment of the fee by the contractor?
Yes, the deadline is by August 15th.
Lexi, Chatbot
Is there anything else the lawyer should know before I connect you? Rest assured they'll be able to help with the contractor's violation.
Yes, we have proof of the violation from the city in his name.
James
Hi there! I'm James Daloisio, a real estate expert here to help you navigate your situation with the contractor. It sounds like you're taking the right steps, and I'm here to provide guidance on how to protect your interests.
James
You should go ahead and file a lawsuit for collection. Just don’t serve him. Hang on to the summons and complaint. This strategy allows you to preserve your legal claim while giving you up to five years to serve the lawsuit (CA Civ Pro Code § 583.310).
James
If you have any follow-up questions, just let me know.
We are having him sign a promissory note tomorrow, but what if he doesn’t sign? Also, what do we do if he signs but does not pay? Is that small claims court?
James
It depends on the amount of money. Small claims is usually for matters involving less than $12.5k.
Ok yes, it's $5k, but there are other problems we would add on. Good to know our limit is $15k. How do we get a lawyer if so?
James
You don’t need an attorney for small claims court. It’s designed for those who self-represent.
Ok, thank you for your time.
James
You're very welcome! Thank you for visiting AskaLawyer, and I hope you have a fantastic week ahead. Is there anything else you'd like to know or discuss?
James
Has the situation with the contractor been fully resolved since our last discussion? If you need further assistance or have more questions about the next steps, feel free to share.
James
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