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Small Claims Court

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ZZGAMAZZ

Thread Starter
Senior Member
Joined
Jul 23, 2007
Professional Status
Certified Residential Appraiser
State
California
I Work Out Of My Home Office In San Bernardino County.
The Office Of My Employer Is In La County.
The Broker Is In La County.
The Subject Property Is In Riverside County.

Issue:

Re-fi COD Job. Nobody Showed Up To Pay At The Property (long Story About That.) The COD Payment Has Been Promised Day-after-day. Now I Want Paid And I'm Not Sure What In Which County To Pursue Scc.

Because I Haven't Been Paid I Haven't Submitted The Completed Report So How I Seek Payment For Something That Wasn't Actually Done. (does That Make Sense?)
 

Jason S

Sophomore Member
Joined
May 1, 2007
Professional Status
Licensed Appraiser
State
California
You never gave them the report so I think you can only try to collect for a "trip charge"

You file charges in the county where the work was done. So I think you can either go to San Berdo or Riverside, by you can probably call the courts & they will let you know.

Actually here in San Diego they have free legal advise at the small claims court house, so they probably have it there as well.
 

ZZGAMAZZ

Thread Starter
Senior Member
Joined
Jul 23, 2007
Professional Status
Certified Residential Appraiser
State
California
What If I Spend Another 30 Minutes And Complete The Report, And Send It Out. Does That Give Me More Leverage In The Case? At This Point In Time I Get Virtually Nothing For A Full Day Of Work. (ain't That A Typical Refrain...)
 

Caligirl

Senior Member
Joined
Jan 27, 2006
Professional Status
Certified General Appraiser
State
California
You are holding the report hostage: does anyone want the report?

If you have an order, in writing, from them I would think you have a slam dunk case to collect payment after providing the completed report.
 

Jason S

Sophomore Member
Joined
May 1, 2007
Professional Status
Licensed Appraiser
State
California
I would complete it and state that it was COD and when in court you have the report ready to hand over once you get paid in full. You can also add on all court costs.

Make sure you bring the order from the LO.
 

DH Wilson

Member
Joined
Oct 7, 2004
Professional Status
Certified Residential Appraiser
State
Massachusetts
prob not worth your time, trash them here instead and the send the broker a link and tell them the property is listed on MFWL, since you didn't get paid and there is no report there is client relationship, call the homeowner and tell them that their client "appears" to be acting in a fraudulent manner and then refer them to another MB.

If the report had been delivered and no payment then there would be theft of service charges or something.
 

Mike Boyd

Elite Member
Joined
Jan 18, 2002
Professional Status
Retired Appraiser
State
California
I Work Out Of My Home Office In San Bernardino County.
The Office Of My Employer Is In La County.
The Broker Is In La County.
The Subject Property Is In Riverside County.

LA or Riverside. BUT, complete the report and email it to them ASAP.
 

BOBBYGINE

Sophomore Member
Joined
Nov 26, 2007
Professional Status
Licensed Appraiser
State
California
Who are you collecting from? Borrower or LO>

I doubt you will get anything from the LO, its hard to serve them, and if they wrote COD, its over.

Either way I would go after the BORROWER, (did you confirm COD before inspection).

IN CA. You must send demand for payment in 30 days or you will sue them.(must be certified mail) If you really want to get paid you must call them everyday, nothing works better than being in their face, all day long everyday.

A few things. Any LO with 818 area code should be considered suspect. Don't send the report until you are paid, its your only leverage. I've sat on reports for weeks and then one day somebody has a check for you and they want it in 5 minutes.

One more tactic. If your not likely to collect the money and your ready to give up send them a certified letter stating that you will be seeking CRIMINAL charges with the DA as well as civil court. Make up what ever crime you want to fit the bill, its just a threat, you may not get paid but you will get a response, and it just might be the one you want. Or wire fraud: its federal crime and faxing, emailing a false order is............
you get the picture.
 

ZZGAMAZZ

Thread Starter
Senior Member
Joined
Jul 23, 2007
Professional Status
Certified Residential Appraiser
State
California
Yea I've sat in front of L.O.'s house car horn blaring at 5 a.m. til he paid the bill, although it cost me 20 hours of lost sleep and who know how much gas & time.

It's always a good idea to get a cell or home phone # of the L.O. so you can call them at 3 or 4 a.m. in the morning to remind them of the outstanding invoice.

Advice: If a L.O. provides a credit card number and the card is valid but declined, is there a recourse to get that money paid?
 

BOBBYGINE

Sophomore Member
Joined
Nov 26, 2007
Professional Status
Licensed Appraiser
State
California
Not sure what the exact law says but your not allowed to call at all hours.

Verbal agreements are better than nothing. Telling a lie in court takes very large nuggets, and judges are on our side if we play by the rules.

I can't stress the importance of getting a check from the borrower, even post dated. Anything. Then they enter the criminal realm and we have them, they must pay or talk to the DA, thats real leverage.

It sounds mean but this is what the courts would prefer we do, settle out of court.
 
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