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Zachary
Zachary, Attorney
Category: Legal
Satisfied Customers: 3814
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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I am owed by a company. They sent me an email that transfer

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I am owed by a company. They sent me an email that transfer had already been sent, but never came in. Further payments according to contract have not been sent either. I am threatening to proceed legally for Fraud. I need someone to represent me on this case.
Submitted: 1 year ago.
Category: Legal
Expert:  Zachary replied 1 year ago.
Hi,

Thanks for contacting JustAnswer.

Our mission here is to answer your legal questions and provide you with guidance regarding legal matters. However, we do not directly represent any JustAnswer customers in legal matters and do not form an attorney-client relationship with you when you use this service.

While all the lawyers at JustAnswer are capable of representing clients in legal matters, we do not represent customers who contact us through JustAnswer, nor are we allowed to communicate with you outside of this forum. This service is strictly for answering your questions and providing you guidance, so we cannot represent you in your case.

That being said, if you still want help in this matter or have a specific legal questions, please let me know.

Otherwise, please contact customer service.

-ZDN
Customer: replied 1 year ago.

Thank you for your prompt response, with this general information I've provided, is it possible to proceed legally against this company for Fraud because they have deceited to avoid paying according to a contract.


 


The contract is an "employee-at-will" contract and no termination letter has ever been received.

Expert:  Zachary replied 1 year ago.
So the company owes you wages that you've earned?
Customer: replied 1 year ago.

Yes, plus some travel expenses.

Expert:  Zachary replied 1 year ago.
Thanks for your response.

The first thing you should do is file an unpaid wage claim with the State of New Jersey Deparmtne of Labor by following the instructions at http://lwd.dol.state.nj.us/labor/forms_pdfs/lsse/mw-394.pdf

This will get you paid much faster and without incurring any expenses on your behalf.

However, because you have a written contract, you may also file a lawsuit for breach of contract and in the alternative fraud, and seek your damages. This will take longer and you will incur filing fees and will have to do the work on the claim yourself.

You want fraud to be in the alternative to your main claim of breach of contract, because fraud requires that you prove "intention", which is generally very hard to prove without direct evidence.

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Best Regards,
ZDN
Customer: replied 1 year ago.

Thanks for your answers, I will surely rate your answer. Just one more thing, how, where and what is the process to file the lawsuit for breach of contract.


 


Thanks and best regards.

Expert:  Zachary replied 1 year ago.
Filing a lawsuit is very complicated. Doing it yourself can sometimes be like performing surgery on yourself. It's never recommended unless you can do it in small claims court.

Essentially it depends on how much money is owed to you.

Can you tell me so I can narrow down what court you would need to file in?
Customer: replied 1 year ago.

Yes, my contract is for US$5k per month, which where paid on the 15th of every month. Last payment received corresponded to period ending March 15th.


 


I performed all corresponding duties basically until May 15th, by which time and 2 unpaid months I decided not to do anything else but claim my payments. Again, no termination has been sent, so you could say it adds up to US$15k (til June 15th) or at least US$10k (til May 15th). Travel expenses where another $490.


 

Expert:  Zachary replied 1 year ago.
You will only be able to collect payment for services rendered. That means it will be until May 15th. So your damages are a total of $10,490, plus interest.

This far exceeds the small claims court limit in New Jersey, which means you would need to file the claim in superior court in New Jersey. This means that you would need to buy a form from a form website or draft your own complaint which meets the requirements in the New Jersey Rules of Civil Procedure.

Then you would have to get the citation and serve the Defendant by hiring a process server.

Next, you would have to respond to any motions to dismiss which were filed against you by filing responses which contain proper legal citations and research showing why you are legally entitled to bring your suit.

Then you would conduct discovery which can be expensive and can also make or break your case.

Following discovery would be a round of summary judgment motions to which you would have to produce evidence qualified pursuant to the New Jersey Rules of Evidence.

Assuming you make it through summary judgment, you then have to prepare your case for trial and make exhibits, and draft a jury charge for submission to the court.

Finally, you would have to try your case and prove your cause of action by a preponderance of the evidence, submitting evidence in proper format and with the correct sponsoring testimony.

It's a difficult feat to attempt without a lawyer.

-ZDN
Zachary, Attorney
Category: Legal
Satisfied Customers: 3814
Experience: Lead trial/International commercial attorney licensed 11 yrs
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