Self employed – collecting payment on contract work

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Self employed – collecting payment on contract work

I am a contract drafter. I drafted house plan for a home builder. He is not paying
me for the house plans, which I have already turned over to him. Someone told me
to file a lien on the property where he was going to build the house, and then
someone else told me to take the home builder to small claims court. Which is
better? I did not have a formal contract with him, just verbal and lots of emails in
regards to the house plans.

Asked on August 3, 2016 under Business Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You cannot file a lien over a failure to pay for house plans until and unless there has been a determination that money is in fact owed to you. Therefore, your recourse is to sue the homeowner for breach of contract--violation of the oral (that's the better term than "verbal") agreement to pay you for the plans. If the amount is less than the limit for your small claims court, suing in small claims, acting as your own attorney ("pro se") to save legal fees is the best option.

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 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption