Can I issue a first written invoice after sixteen years of non-payment on a friendly agreement?:
Hello,
Sixteen years ago I engaged a friend's services as an independent contractor to help with sales of my product. He needed a new computer system and I bought one for him (jointly specified) for about $4000 with verbal terms that he would repay me over time. He never paid me, and though we didn't have a written agreement, when challenged, he responded with a detailed email that set out the terms of the agreement, because he thought I was mistaken about one of the terms, but he still never paid me. Also, I never sent him any invoices. Admittedly this was sloppy business practice. 1) At this late date can I still issue an invoice for this equipment? 2) Since payments were never made, can I invoice for the full amount, or just the originally agreed upon installments? 3) If I invoiced, and he failed to pay, given the late issue of such invoices, supported by his email recounting of our financial arrangement as the only documentation supporting the obligation, would I have standing to pursue a judgment? And then proceed to collections as possible? 4) How long after issuing an invoice with no payment can I pursue legal action? Thanks!
Steven’s answer: Most states have a Statute of Limitations that terminates the right to file suit after a certain time has passed. In California a suit for breach of written contract must be filed within four years after the breach or it is barred. However, any payment made after the four years starts a new statute of limitations. Get your friend to make a small payment and you can then pursue legal action for the full amount, plus interest.
Can plumber file lien on my house?: I am remodeling my house. My GC brought the plumbing company to install a new waterheater in January 2021. I paid them $6000 for the new unit. Their charge was quite high, but I needed a waterheater, so I went with them. Less than 4 months now late May, it started leaking gas and no hot water. They came in and fixed gas leak with new parts, but claim they need charge for fixing it. Aren't they supposed to have at least 12 month warranty on their work? I refused to pay. I refuse to pay them, because I paid $6000 for a new unit that suppose to last at least 1 yr. Will they file lien to my house, or what else?
Steven’s answer:
The plumbing contractor cannot file a lien as the statutory time has passed.
I would report them to the Contractors State License Board. File the complaint at cslb.ca.gov
How do I get my 2 siblings off the deed to my mothers house?: My mother is deceased and she left the house to the 3 of us. I live there. My 2 siblings want nothing to do with the house, unfortunately we may loose it to foreclosure. They don't want to help me get a postponement and they don't want to sell it, how can I or is there any way i can have them take their names off? Time is of the essence!
Steven’s answer: If they both want off title they can sign quitclaim deeds that will make you sole owner. That can be done in a few hours if they agree.