DoI need a contracting license to take someone to small claims court for non-payment?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
DoI need a contracting license to take someone to small claims court for non-payment?
I did a job for someone and we had verbal agreement. I got 2 checks from the owner but when we finished the job he refused to pay last payment. I’m not a licensed contractor and an doing this as side job. If I take this person to small claims court is the judge going to ask me if I’m licensed?
Asked on September 5, 2011 under Business Law, New York
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
In most states in this country a person who is not a licensed contractor is precluded from suing a person and collecting for unpaid work that normally would require a contractor's license. This is the long established law in California. If the amount owed is less than a certain amount perhaps under New York's law you can claim it without having to establish that you are a licensed contractor.
In California, work up to $500 does not require a contractor's license. Also, if you did the job on a time and materials basis you might be able to get around the licensed contractor requirement in your state.
I have no idea if you go to small claims court if the judge will ask if you are a licensed cntractor or not or if the person you want to sue will bring up the issue. The one thing for sure is that unless you press the person for the money owed you will never see it.
Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.