Hello, I will try to help you. Please remember I just report or interpret the law, so the outcome may not be what you hoped for. Are you an independent contractor that did work for the company as opposed to an employee? Were there any email to text message communications about the job, what was to be done and the price to be paid? How much were you supposed to be paid?
One other question, are you doing the job as an individual or through a corporation or LLC?
Yes, Im an independant contractor ( vendor) Yes, there was numerous accounts of e-maisl pertaining to the job and also, there were invoices of the payment of th ejob!
Im solely an individual company - with workers
What should I do? I have tried contacting the " main" person and I get the run around. I call cooperate and receive a different answer explaining that the UNIT the main person has not completed the payment process
Should I keep calling or send an e-mail. I cant afford an attorney as I have overexceeded my monies- I even had to take a loan to pay my workers- this is ridiculous
You did not say how much remained unpaid under the job. However, if it is $3000 or less you take the matter to small claims court if you are in a city. You can take up to $5000 in a rural area and go to the justice of the peace which handles small claims matters. The fact that you have email communications cost that constitutes written evidence of the contract so your agreement to the extent it is reflected in the email communications can serve as a basis for a written contract. Furthermore the fact that you have invoices and payments with respect to those invoices, this further demonstrates that there is a contract with respect to which partial payments have been made. The existence of these payments further strengthens the case you have against the company. What I suggest you do is send them a letter giving them no more than a week to have the payment made otherwise you will bring suit against them for nonpayment. HOpefully the threat will light a fire under them.
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How long does a company have to pay their vendors? The amount of the invoices equal $11,005
So, if I was to go to court to file where would I complete that ? That wouldnt be small claims
This would be governed by the contract. Ordinarily, an invoice is paid in 30 days unless there is a different agreement.
So if one invoice was for the 4th of October and the second 14th of October
Will that be in the regulations of 30 days
There is no regulation governing when invoices are due. You contract would set forth when invoices are to be paid. If it is silent than normally it would be 30 days. If your contract had a different period and that could be demonstrated for example by when earlier invoices were paid, your contract would govern. If I have answered all your questions, please rate my answer excellent as that is how I am compensated. If you have more questions, please let me know. If the answer was especially helpful you can provide a bonus.
The court you would go to would be the District Court
Well one more question : I never was told 30 days. The main person of the unit told me the following Friday of the beginning of the job that was on September 27th. The reason im so frustrated is because I get the " run around" and being told every time you call " the monies are the way shoudl expect next week " and this never happens.
so my question is : Should I wait and write a letter or just file in the courts?
I can appreciate your frustration. I do not know if the timing of the payments is reflected in the emails but if it is I would send them a copy of the email showing they are delinquent in the payments. If you have such an email I would include it in the letter. If you do not have such an email I would reference the agreement with the main person who told you when you would be paid. I would still send the letter because you would prefer to get paid without going to court. Going to court is the last resort. If I have answered all your questions, please rate my answer excellent as that is how I am compensated. If you have more questions, please let me know. If the answer was especially helpful you can provide a bonus.
Thank you for your time
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