Mirror of Justice - All about Law and More
*Home>>>Construction Law

How long in the state of indiana does an acount have to be overdue before you can take it to small claims?


I did a construction job, and it has been 60 days since the job was completed. I still have not recived payment for the job? Can I take it to small claims court? Is there any other good way to ensure I get paid?

If you're a licensed contractor, you could've filed a small claims case on the day the work was completed and you weren't paid. Sixty days is more than generous. The jurisdictional limit for small claims is $6,000. If you're owed more than that, contact an attorney.

In Indiana, contractors can file what known as a "mechanics' lien" against the property of a client who fails to pay. Though you're past the deadlines for that in this case, you may want to look into it for the future:

http://www.allbusiness.com/government/bu...

I assume you have billed the person and called them for the money. Most construction is due on completion and many times contractors collect some in advance. I don't know about Indiana, but I am not aware of any specific time that you must wait, but it might depend on your contract with the person. Some states require construction in connection with real estate - or rather a contract in regard to real estate to be in writing. You can go to the small claims court and talk to them about filing the claim and the clerks can tell you if there is a limit. You should indicate to them that you will be seeking action to collect if it is not paid within - set a number of reasonable days - 10? And go to court and start proceedings. Now once you have a judgment, you can place a lien against the property. But usually you still don't get paid until they try to sell the property if they don't go ahead and pay it once judgment is gotten. But does insure that you get paid if you have a mechanics' lien on the property. Do it before they sell the property.

Tags
  Divorce Law   Discrimination Law   Disability   Criminal Law   Collections Law   Consumer Law   Construction Law   Constitutional Law   Computer Law   Child Custody   Civil Rights Law   Business Law
Related information
  • Is it illegal to go on those big dirt hills near construction sites?

    yes its illegal do not do it

    ...
  • Where to make complaint for illegal construction in Delhi?

    You must have heard of the quote that "The buck stops here".But in regard to complaints to the MCD,a whole new quote has been developed and is applicable.And that is "The complaint ...

  • My apartment was destroyed by fire how much do i sue for?

    Your lack of renter insurance has nothing to do with who is at fault, and it certainly isn't YOUR fault. You can sue the contractor, each supervisor and employee (John Doe #1, #2...), the ...

  • How low can you go....legally?

    Hmmmm. There is such a thing as air rights for the space over land that you own. I don't know if they are called "ground rights for the area underneath. The laws that you would want to...

  • Child support and arrears reduction, economic hard times?

    Unfortunately this is the way of the system. For you to already assume that you'll be blasted with the "dead beat dad" attacks are very accurate as many think of this situation as bl...

  • What is the law re fixing your house and getting a permit?

    Just another way for the Government to get money... where we live they want permits for everything as well, however it is a more rural area, and no one comes by or notices the changes.. the permits...

  • Bad Service from Architect, asking for reduced fee?

    You have gotten into a situation where it appears the architect was not familiar with the protocol of the Village Review. He should have done his due diligence and investigated any of the requirem...

  • Is it illegal for him to not take out taxes?

    uh..he's working under the table or he's a private contractor responsible for his own . If he wants to keep working there, he does it the employer's way. If he wants taxes out and be...

  •  

    AD Service--Categories--Copyright/IP Policy--Contact Webmaster