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Yes , we have service invoices (mutual cost) that go back the entire year. These invoices were always given since they were exact amounts. I would pay out upfront on the 1st and 15th each month, Dr. Roni would reimburse me once the billing claims were paid via mail. Dr. Roni would then pay her mutual cost invoice and then give me 50% of what was left. So I was unable to invoice her an exact amount on the 50/50 cut since the amount would fluctuate month to month. I do have copies of the checks written by Dr. Roni that reflect the 50/50 amounts. I even have past emails that clearly indicate this arrangement . This agreement has been acted upon since May 2012 and a paper trail to prove it. In addition can anything be done for lost wages?
Steven,Thank you for your follow-up. Great, that helps tremendously! If you have a paper trail that you can point to, you can argue that you had an oral agreement and base the terms of that agreement on past invoices and payment history from you and the other party. Then, if the amount owed is under $10,000, you can take him to small claims court. One warning however--if your business is incorporated or is otherwise a business entity of some kind, you may need to retain counsel because business entities are considered separate entities. You, as you are not an attorney, cannot represent separate entities (doing so would be 'Unauthorized Practice of Law'). But if this is a sole proprietorship, and you can prove a past relationship, you can go in front of the judge and demand collections for past payments and also for coverage of past expenses if owed to you.Lost wages is not possible, I am afraid--as you had no signed agreement there, the other party never formally assured coverage for those wages, which is why such a pursuit is not really actionable.Good luck.
Okay great. So is the first step of sending an invoice for all the amounts that are to be owed to me via email the correct and legal way ? Should I also send a printed version certified mail ?
Thank you for your follow-up, Steven.Sending via email is good for notice if the other party responds, but it is not deemed valid 'notice' under law. Sending it via certified letter is far wiser as that creates a proven paper trail, and what I would suggest you do concurrently. If the email is never responded to, the other party can claim that it was never received.Good luck.
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