How to Defend Against a Small Claims Lawsuit from Another Contractor?

Question from Thepaitnedpainter, How to Defend Against a Small Claims Lawsuit from Another Contractor?

Answer from AI:

As a contractor in California facing a small claims lawsuit, it’s important to approach the situation systematically to protect your rights and interests. Here’s a structured plan of action based on your circumstances:

1. Understand Jurisdiction and Service:

• Service of Process: Since you were never officially served, the court may lack proper jurisdiction. However, by attending the hearing, you might have acknowledged the case, which could complicate things. Consult a lawyer to clarify this point.
• Dismissal and Appeal: The case was dismissed due to lack of service, but the plaintiff is appealing. You must respond formally to the appeal, ensuring you follow all legal procedures to avoid default judgment.

2. Gather Evidence:

• Document Work Completed: Your photos showing 75% completion are crucial. This evidence can support a counterclaim for payment for work done.
• Communication Records: Collect all communications, including contracts, emails, and messages, to establish the agreement terms and any breaches by the plaintiff.
• Non-Payment Issues: Since no deposit or payment was made, you may have a valid claim for non-payment, which can be part of your counterclaim.

3. Counterclaim for Work Done:

• Breach of Contract: If the plaintiff breached the contract by not paying and setting you up, you can counterclaim for unpaid work. Your extensive documentation will support this claim.

4. Address Potential Bias:

• Request for Recusal: If you suspect the judge has a conflict of interest due to the plaintiff’s connections, you can request a different judge. This is a formal process that a lawyer can assist with.

5. Explore Strategic Lawsuit Possibility:

• Anti-SLAPP Laws: If this lawsuit is intended to harass or silence you, you might be able to countersue under California’s anti-SLAPP statute. This could potentially dismiss the case and allow you to recover attorney’s fees.

6. Consult Legal Counsel:

• Legal Representation: Given the complexity and potential bias, hiring a lawyer is advisable. They can help navigate the legal process, ensure proper responses, and advocate for your rights.

7. Licensing and Regulatory Considerations:

• CSLB Compliance: Ensure all your licenses and compliance are up to date. If the CSLB is involved, understand your rights and any potential defenses against their actions.

8. Next Steps:

• File a Formal Response: To the appeal, ensuring all legal requirements are met.
• Prepare for Trial: Gather all evidence and witnesses to present your case effectively.
• Consider Settlement: If appropriate, explore mediation to resolve the matter without trial.

By taking these steps, you can defend yourself effectively and potentially counterclaim for unpaid work. Legal advice is crucial to navigate the complexities and ensure your rights are protected.