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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 90128
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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one physical therapist has a company and he was working in

Customer Question

one physical therapist has a company and he was working in my company but he did not complete his paper work and I did not pay him for May and June and he ws doing late billing. he did not bill monthly on time.his company has no any contract with my company and he is working as individual but he was paid under his company name as he is the only owner of this company. Also he or his company has no any contract so the rate is not fixed rate. Any way he did a small claim court for month of May amount of $4700 then he did recently another claim court for the period from May16 To May31 for the amount $4300
any way both invoices does not reflect the actual record. The first small court was postponed to 10/29/2013 and the new one will be on 10/08/2013. it is legal to have more than one small court to the same matter. Is his company has the right to sue my company. H e provided the work as individual but he was paid under his company name.He refused to sign a statement to certify that he is responsible about accuracy of all documents and signatures that he put in his paper work for him self and for the coordinator are true
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

If you were paying him in his company's name, then his company would be the one to sue you as that is proof your agreement was with his company. As far as multiple suits, if the facts arose on different dates out of a separate set of facts, in other words you breached the contract not paying him for two separate pay periods, such as May and June, he could file separate suits. However, if he was to be paid monthly and he already sued for May, then he could not come back and sue for two weeks in May again to circumvent the small claims limit, so you need to file to move to dismiss the second suit and/or to consolidate it with the first (which would put him over the jurisdictional limit and the court would have to limit what he can get to only $5000 total).

You need to file a suit to dismiss the second action based on he is suing already for those dates by suing for the month of May and he only got paid monthly so it was all part of the same alleged breach of contract.



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Customer: replied 1 year ago.


He is not paid monthly . He paid after he is finishing his work could be every three months or according to his billing , he never paid monthly because he never billed me monthly. Also the rate/hour is not fixed how can you determined the correct rate and nothing is not written

Customer: replied 1 year ago.

He is not paid monthly . He paid after he is finishing his work could be every three months or according to his billing , he never paid monthly because he never billed me monthly. Also the rate/hour is not fixed how can you determined the correct rate and nothing is not written

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for clarifying. However, you are still entitled to move to dismiss the second suit as you said he already filed suit for May and the new suit is not only part of May, but part of the continuing alleged breach of contract and he is trying to circumvent the small claims limits and the court will not let him do that.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 90128
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 18 other Legal Specialists are ready to help you
Customer: replied 1 year ago.
Relist: Inaccurate answer.
He did not answer about the uestion just answer about one part of the question
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your wonderful feedback which was based on the way you presented your facts. Your questions were answered and you were asked to just use back and forth communication to clarify. Thank you again very much.

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