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  1. #1
    Join Date
    Jan 2017
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    5

    Default How to Find a Contractor Who Did Not Pay Subcontractors For Their Work

    My question involves court procedures for the state of: California

    case with several workers who were hired by someone to do work, they did for a couple of weeks and then not paid. The person gave them two names. No address but one of the workers wrote down his license plate and one has a check slip, something with the person's bank account number I guess. Also, we have his phone number. So the issue is finding this person and serving him but false lead so far as no one at an address he gave. Also, we have one this order he made at a construction place. The person there gave me his phone number. Is it possible to legally force the business to give the address if they have it on file?

    Any ideas on how we could get this person's address and actual name so we can serve him?

    Thank you

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: How to Find a Contractor Who Did Not Pay Subcontractors For Their Work

    If you file a lawsuit against the person in a regular trial court, you can attempt to use the discovery process to pin down his real name and address.

    If you worked for a person at a specific location, and you still can't figure out who the person is or where to find them, I suspect that you're going to be banging your head against a wall trying to find out who the person was, getting them served with a lawsuit and, if you win, collecting a judgment.

  3. #3
    Join Date
    Nov 2015
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    47.606 N 122.332 W in body, still at 90 S in my mind.
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    Default Re: How to Find a Contractor Who Did Not Pay Subcontractors For Their Work

    Given that this is as vague as is possible I can only say a couple of general thing about subcontractors. They are paid, contractually, in a specified manner. The common terms are 'pay when paid' which means that the sub is paid after the general is paid , which was a term I generally tried to not have in the contract and would consider carefully when working for certain generals, and then the other common method is paying your subs. Again, these terms are spelled out in the contract between you and the general and the general and the subs. Often, subs are paid on a monthly basis after submitting billing with substantiation and often a release that states that the monies, when paid, are not subject to liens and cannot be collected again.

    What, exactly are you trying to accomplish? Are the subs coming after you? As they must be made whole and you can be on the hook, depending on the terms of your contract.

    What is the quote of this job?

    What are the terms of the contract (if you don't have a contract, not just an estimate, and you have subs something is wrong) regarding subs and payment?

    Be aware that this kind of legal jiggery pokery (an actual legal term coined by the late Antonin Scalia) can get costly in a hurry.

    If you can provide more specific information it will garner you more specific answers.

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