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Sam
Sam, Attorney at Law
Category: Legal
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Experience:  20 years of experience practicing law.
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Have a company out of Texas that hired my companys man power

Resolved Question:

Have a company out of Texas that hired my company's man power to aide in Two separate jobs they had come about in April. Jobs are completed, invoices went out over 65 days ago. Two of the three have been paid on illegally (or so I think) as they paid the money directly to one of the individuals that worked on the job and not to my company as invoiced. The third outstanding invoice has still not been paid due to discrepencies. Seems they are wanting to change the man's hourly rate, travel time & per diem rate for that was agreed to prior to the job being completed. In addition, asking for a $5300 dollar reduction due to them losing money as a consequence for not being prepared properly with tools and supplies resulting in completion of job past due date, therefore their client refuses to pay the extra again due to lack of preparedness of their part.

As you can see I have three problems in the whole mix and not sure where to start with my proper wording to get it all straightened out. Help....
Owner of Turbine Machining Solutions in Georgia.
Submitted: 1 year ago.
Category: Legal
Expert:  Sam replied 1 year ago.
Hello

I am an attorney with more than 25 years of experience and I look forward to providing you true and correct information in this regard

Please tell me the total amount of money you are owed?

Also, how did you try to collect?
Customer: replied 1 year ago.

The total amount of money for all three invoices is just about $27,000 broken down by three individual invoices with various amounts.


 


Have emailed and called regarding the outstanding invoices. Responses happened with a bunch of malarky and then they paid two of three, just not to our Company but to the one of the two men who went to work, to his personal account and made check out to him.

Expert:  Sam replied 1 year ago.
Hello

Thank you for the information.

When it is that much owed then you cannot go to small claims court

And so you will need to bring the law suit against the person you entered the contract with in Superior Court in the county where either your business is located or where the defendant lives

Because it cannot be filed in Small Claims court you will need to draft a pleading from the scratch and file the Complaint with that court. You can check with the Superior Court and see if they have a sample for you to follow

I suggest that you also consider writing this person one last time and request the money. It is not up to you to go around suing those he paid. He owes you and you only need to sue him

So I suggest you can tell him that he has breached the contract and with that in mind, that he either pay or you will no other option but to file a lawsuit and that he will be responsible any interest and also legal fees in association with the lawsuit

Mail that letter certified with a return receipt requested because you will want to show the court that you tried to settle this out of court and you need the letter and receipt as proof that he got the message
Sam, Attorney at Law
Category: Legal
Satisfied Customers: 21920
Experience: 20 years of experience practicing law.
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