Sting Exposes Unlicensed Contractors in California

10News.com - News - Sting Exposes Unlicensed Contractors:

The Contractors State License Board ("CSLB") urges consumers to follow these tips when dealing with a building contractor:

• Hire only licensed contractors and ask to see the license
• Don't rush into decisions and don't hire the first contractor who comes along
• Be especially hesitant when approached by someone offering home improvement services door-to-door, especially when they will use material they claim is left over from another job
• Verify the contractor's license by checking online at www.cslb.ca.gov or via CSLB's automated phone service at 1-800-321-CSLB (2752)
• Don't pay more than 10 percemt down or $1,000, whichever is less
• Don't pay cash, and don't let the payments get ahead of the work
• Get three bids, check references, and a written contract
• Contact the CSLB if you have a complaint against a contractor

Vehicle Repair Liens in California

Question: We are a small body shop in California. We released a car that we had repaired to a customer with a balance of $453.80 in April. We have received no payment from the customer since May and have received numerous excuses of why he cannot pay the balance of $187.82. He signed a contract agreeing to pay $125 every other week until the balance was paid in full. The contract he signed contains a clause that states we retain the right to have a lien on the vehicle. We have mailed a certified return receipt demand letter for the balance owed received an angry phone call but no payment. Since the car has left our shop, can we legally repossess the vehicle and what is the proper procedure to follow?

Answer: You do not have any lien rights on this vehicle. In California, the legal requirements for an automobile mechanic or body shop to assert a lien for unpaid repairs is governed by Civil Code Section 3068. Your biggest problem is that the lien is based on possession of the vehicle, so you lost any lien rights you may have had when you released it back to the customer.

Your lien begin when you present the registered owner a written statement of the charges or 15 day after the work is complete, whichever occurs first. There are further steps that must be taken under the code and failure to act quickly could result in the loss of lien rights.

Although you have lost your lien rights, you still have the option of suing the owner in small claims. With a small claims judgment, you can assert a judgment lien on the car or other assets of the debtor. For more information on small claims, please visit my website.

About the Author: Carl H. Starrett II has been a licensed attorney since 1993 and is a member in good standing with the California State Bar and the San Diego County Bar Association. Mr. Starrett practices in the areas of bankruptcy, business litigation, construction, corporate planning and debt collection.

The Eviction Process - California Department Of Consumer Affairs

The Eviction Process - California Department Of Consumer Affairs

In some areas of California law, a high percentage of lawsuits involve parties trying to represent themselves because of the high cost of legal fees. Eviction lawsuits are one example where this commonly occurs. If a tenant is not paying rent, that person most likely cannot afford an attorney but will often fight an eviction lawsuit with the help of forms available from the local legal aid office. Likewise, some landlords cannot afford to hire attorneys to collect what is sometimes a relatively small amount of rent owed. Some landlords will try to handle the eviction themselves.

Eviction lawsuits are handled much more quickly than most civil lawsuits. To protect the due process rights of the tenants, eviction lawsuits (also called "unlawful detainer" actions) are subject to very strict and technical procedural rules that are difficult to follow without the assistance of legal counsel.

To assist landlords, the California Department of Consumer Affairs has developed a surprisingly informative website discussing the basic procedures of the eviction process. Although it is not meant as a substitute for qualified legal advice, it serves as a good starting part for confused landlords and tenants.

About the Author: Carl H. Starrett II has been a licensed attorney since 1993 and is a member in good standing with the California State Bar and the San Diego County Bar Association. Mr. Starrett practices in the areas of bankruptcy, business litigation, construction, corporate planning and debt collection.

The Federal Trade Commission's Web Wite on Credit

The FTC's web site on Credit

Almost every day, you're involved in some type of financial transaction requiring an educated decision. This site has information for you, whether you’re shopping for a mortgage or auto loan, checking the accuracy of your credit report, dealing with debt collectors, or looking for ways to protect your personal financial information.

Credit is much more than a piece of plastic, and the resources on this site can help you become a more savvy consumer. You’ll also find compliance requirements for businesses, and information about the FTC’s recent law enforcement actions.

How to Dispute Credit Report Errors

How to Dispute Credit Report Errors

The Federal Trade Commission ("FTC") offers a very informative website that instructs consumers on how to obtain a free credit report so that can dispute inaccurate entries on their credit reports. The FTC even provides a sample letter that you can send to the credit reporting agencies (Equifax, Experian and Transunion) to dispute inaccurate entries.

You should dispute any inaccurate entries in writing and provide supporting documentation. The credit reporting agencies generally have 30 days to "reinvestigate" the disputed item or remove it from your credit report. The procedure is fully described at the FTC website.

You should also notify the creditor in writing that you dispute an item. Be sure to include copies (NOT originals) of documents that support your position. Many creditors or information providers specify an address for disputes. If the provider reports the item to a consumer reporting company, it must include a notice of your dispute. And if you are correct—that is, if the information is found to be inaccurate—the information provider may not report it again.

This publication is NOT INTENDED TO SERVE AS A SUBSTITUTE FOR LEGAL ADVICE. Please consult with a licensed attorney if you require legal advice.

About the Author: Carl H. Starrett II, has been a licensed attorney since 1993 and is a member in good standing with the California State Bar and the San Diego County Bar Association. Mr. Starrett practices in the areas of bankruptcy, business litigation, construction, corporate planning and debt collection.