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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32364
Experience:  Began practicing law in 1992
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I have a non paying employer I am about to file small claims

Customer Question

Hello. I have a non paying employer I am about to file small claims case on. I dont know his middle name.
Will I be able to collect if his business is set up to show no profit?
Do I enter name of registered agent, a local real estate lawyer?
I do not have a signed contract. I was paid 7334 in 2014. I had outstanding billing of 24,000 approximatley. I have recorded conversation of former employer stating that he owes money. Also his attorney offered 1000, which was well short of what is owed.
Submitted: 4 months ago.
Category: Legal
Expert:  Dwayne B. replied 4 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Have you tried filing a claim through the Department of Labor yet?

Customer: replied 4 months ago.
I did. Since I was paid a 1099 they said it did not qualify.
Expert:  Dwayne B. replied 4 months ago.

Actually they can still pursue it but many offices won't.

As to the questions:

Will I be able to collect if his business is set up to show no profit?

It will make it harder to collect but you can still get garnishment order entered to seize money before it ever makes it to him (ex. seizing A/R assets)/

Do I enter name of registered agent, a local real estate lawyer?
If the company has a registered agent for service of process then you use their name solely for service of process. So, in your petition you would state something like "The defendant, XYZ Realty Corp. may be served with service of process through their registered agent ***** *****.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and no longer time out so you can come back to it anytime in the future if you think of any follow ups.

Customer: replied 4 months ago.
Ok. So I am taking this to small claims and want to do it right.Can you advise me to increase chance of success in Florida?
Should I file against his florida business?
Should I have it served at his residence?I attached a file of claim if you would want to glance at this.
Expert:  Dwayne B. replied 4 months ago.

We are very limited as to what we can tell you about a lawsuit since that requires legal advice and you need to be able to form an attorney client relationship which we can't do on here. In addition, there is no way that we can learn enough about your case to provide that type of advice.

The information about what his attorney offered you is not admissible as it is an offer of settlement.

In the gray box on he first page you probably want to put a reference to indicate where the court will find the lengthy description you put in there.

You would sue whoever you were working for or you could sue him individually and DBA the name of the business (ex. ***** *****, individually and dba Smith's Florists).

You can serve it either place, residence or business.

Customer: replied 4 months ago.
I understand this is not a client relationship.I was wanting someone look over my strategy. To see that I have navigated the nuances of this filing. Otherwise this is just a wasted exchange. can anyone do that who is familiar with small claims?
Expert:  Dwayne B. replied 4 months ago.

That's what I did above. I pointed out any deficiencies I saw and then indicated what else you needed.

Customer: replied 4 months ago.
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Customer: replied 4 months ago.
I do not have his full name. Is this a problem?- Should I not cite him individually, without full name?- Should I serve to registered agent?-Does my statement of claim look good?
Expert:  Dwayne B. replied 4 months ago.

Sorry for the delay, the question got accidentally closed.

I do not have his full name. Is this a problem?

No, as long as you have a first and last name that will be sufficient for now.

Should I not cite him individually, without full name?

Just use his first and last name

Should I serve to registered agent?

If the company has a registered agent for service of process then that is who you serve when you sue the company.

Does my statement of claim look good?

We're not allowed to give you much information on that but I pointed out the things I saw above, which were really more issues as to form than substance. One other thing I cna point out is that many judges won't allow you to file for an amount that is less than you are owed just to fit within their jurisdiction. I don't know about your judge but if you have one like that and they see the line that says yo are owed more than you are suing for, the judge may tell you that you have to sue in another court. If it happens, it happens, but I just wanted to make you aware.

As a last point, you spent a lot of time speaking about the damages but not much about why he owes you the money. You want tant to go into that a little more.