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Question: were you paid with a 1099? In addition, what type of work were you doing?
yes I was paid as a 1099
Generally speaking, unlike employees there is no statute that protects independent contractors from unpaid debts.
do you work through an LLC/s-corp or did you get paid directly?
i was paid as an individual
if that is the case, then are you saying i would have to collect the debt as a general breach of contract ?
that was my next question. Is there a contract?
oral agreement. However, it's a recurring monthly payment that had been going on for a few months.
and, by their own admission they state they owed me the amount.
(via email communication)
if the amount is under $10k then it's as simple as filing an action in small claims court. You do not need an attorney and the rules are relaxed. The email admission is very important
before you sue, though you should consider writing a formal demand letter and giving them a last chance
its over 10k
and attempts have been made extensively and this is part of a larger litigation
in this case then you would need to go to superior court. In addition, I'm afraid that you will have to hire an attorney or you'll quickly get lost in the process or their attorney will outmaneuver you. The good news is
that the amount is low enough in that protracted litigation will not be economical so the chance of settlement are relatively good
since attempts have already been made I would not beat around the bush and retain an attorney and serve them with a complaint
often times the mere service of a complaint and the reality that they would need to pay $5k-$10k in legal fees as a retainer sways defendants to settle
you are welcome
i have retained counsel already, i just want to do some research on my own to be able to ask intelligent questions
that was a good idea.
so what you are saying is that i would have to take this to court on a 'regular' breach of contract, yes?
breach of contract, unjust enrichment and quantum meruit come to mind
i'm sure your attorney will come up with additional causes of action
thats all i needed, thank you.
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