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[CA] Can an unlicensed contractor successfully appeal a small claims judgment for defective work?
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I lost in small claims court today and have to pay back 10k . The main question the judge focused on was I'm unlicensed contractor in California. He also said he believes the spray foam insulation I applied creates water and it wasn't from roof leaks . I feel because the plaintiff had reports and I didn't he sided with her . Will this be even worth appealing or did I automatically loose because I'm unlicensed.
I'm sorry to hear about your experience in small claims court; that can be really frustrating. Can you tell me more about the specific reasons the judge gave for their decision?
I don't know.
Have you already gathered any evidence or documentation that could support your case for an appeal?
Yes.
Is there anything else the Lawyer should know before I connect you? Rest assured they'll be able to help with your appeal process.
No.
Hi there! Welcome to our service. My name is Liz and I've been an attorney for more than a decade, and I am here to assist with your legal concerns. No attorney-client relationship is formed from our conversation. So I can best help, with being unlicensed, have you now applied for licensure?
I haven't. I signed up for contractors school but the 3 month internet course expired. Got overwhelmed from work and full time single parent I didn't study.
I understand. I'm just sorry that I have bad news. With California law, one unfortunate factor is that with unlicensed contractors, the customer can sue you for the amount paid, even if it was done perfectly. It's because the law says you can't legally collect for contractor services without the license. Under California Business and Professions Code (CA Bus & Prof Code § 7031(b)), it's called disgorgement, so appealing may sadly not do much (CA Civ Pro Code § 116.710).
Yea for the materials and removing the foam with a company I'm ordered to pay.
Got it. Thanks for sharing that. Is that more than you were paid?
Yes. The only thing I can do is file for a payment plan with the court . The plaintiff said she is willing to work out a payment plan. I only had her pay 1900$ for materials. She hired a company to remove the foam . And roof inspection and some damages to furniture.
Which you can work out a plan with the plaintiff, they prefer that as the other way would be to have to seek garnishment or a bank levy.
I never got paid well just materials deposit. Never profited. 1900.
I understand. Which you could try to appeal the amount, if not the liability, since you were never actually paid.
It's upsetting my son when he was prepping the house who's a minor told me after she complained he felt water drips while he was plastic the home . She told me personally she had a roof leak but not in the area we are working . When I got the roof report she had 10 or more patches.
I should only pay her the 1900$ in my opinion. The water leaks had brown stains . That comes from roof tanning , debris , dust , dirt. She shouldn't have had me do the work it's her responsibility to mitigate her other home issues but again I'm unlicensed so at a great disadvantage.
Which is sadly the main problem. Being unlicensed means that there is very little defense, even with their duty to mitigate damages.
Yea I read on google gives the other part a strong highten advantage. So no point of appealing the amount? I even have it advertised non licensed on my add.
You could still try to appeal, but even with saying non licensed, the unfortunate reality is that you cannot practice without the license.
Eye opener just need to do the school and submit my application to the state just hard with work and being widowed with 5 kids . Hopefully when I file with judge the payment plan they consider my hardship and I'm on low income housing.
They can consider your ability to pay with the plan.
Yes they said they will mail me order and information on filing payment plan to judge.
You could also consider a bankruptcy, if you have other debts. I hope I was able to help! If you have any other questions, feel free to ask.
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