How long in the state of indiana does an acount have to be overdue before you can take it to small claims?

Question

I did a construction job, and it has been 60 days since the job was completed. I still have not recived payment for the job? Can I take it to small claims court? Is there any other good way to ensure I get paid?

Answer 1

If you're a licensed contractor, you could've filed a small claims case on the day the work was completed and you weren't paid.  Sixty days is more than generous.  The jurisdictional limit for small claims is $6,000.  If you're owed more than that, contact an attorney.

In Indiana, contractors can file what known as a "mechanics' lien"  against the property of a client who fails to pay.  Though you're past the deadlines for that in this case, you may want to look into it for the future:

http://www.allbusiness.com/government/bu...

Answer 2

I assume you have billed the person and called them for the money.  Most construction is due on completion and many times contractors collect some in advance.  I don't know about Indiana, but I am not aware of any specific time that you must wait, but it might depend on your contract with the person.  Some states require construction in connection with real estate - or rather a contract in regard to real estate to be in writing.  You can go to the small claims court and talk to them about filing the claim and the clerks can tell you if there is a limit.  You should indicate to them that you will be seeking action to collect if it is not paid within - set a number of reasonable days - 10? And go to court and start proceedings.  Now once you have a judgment, you can place a lien against the property.  But usually you still don't get paid until they try to sell the property if they don't go ahead and pay it once judgment is gotten.  But does insure that you get paid if  you have a mechanics' lien on the property.  Do it before they sell the property.