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Richard, Attorney
Category: Legal
Satisfied Customers: 55720
Experience:  Attorney with 29 years of experience.
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How do I proceed to collect money owed to me as a contract

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How do I proceed to collect money owed to me as a contractor?
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good afternoon. How much money is owed to you? Did you perform services or provide materials to someone's home or building? When was the date you last did any work? Thanks.
Customer: replied 4 years ago.
$ 36000
Thanks. I'm going to opt out so that another expert can help you from here. Without all the requested information, I don't feel comfortable that I can give you full and complete response. Please do not respond to this post as it will only slow the process of such an expert picking up your question. Take care.
Customer: replied 4 years ago.
I performed consulting services. The last work date was May 14, 2013. The contract terms were net 30 days. The payment was not dependent on the hiring company collecting payment from the customer.
Thank you...I appreciate the additional information! Since they will not pay you voluntarily, you will need to file suit against them. Since the amount is in excess of the small claims court limit, you would need to file this in a state civil district court. You can represent yourself, but it's probably easier if you get an attorney to help you. Filing the suit itself is not expensive and my experience in these type cases is that this is all you will need do. It's amazing what getting served with a summons will do to cause someone to pay you what is owed. If your contract provides for the prevailing party to be awarded legal fees, you can recover those as well. Under my terms of service with JustAnswer, I'm not allowed to make a specific recommendation, but I can give you direction. You would want to either contact the state bar association or your nearest law school for a referral. I prefer the latter because they take great pride in their graduates and will take a more personal interest in making sure your referral is a good one because it will be a reflection of the school.

If the defendant doesn't pay you prior to the hearing, the hearing will give you the results you are seeking. That's because once the suit is filed and a judgment awarded, you become a judgment creditor, and if the losing party doesn’t then pay the judgment, you can have the sheriff serve a summons on the losing party for a debtor examination. That forces the losing party to meet the judgment creditor in court and answer questions under oath about the losing party's assets. After that information is obtained, the judgment creditor has the power to attach bank accounts, have the sheriff seize other personal property, and/or place liens on any non-homestead property to satisfy the judgment.

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Thank you so much for the positive rating! I appreciate having had the opportunity to serve you! If I can be of assistance to you in the future, just look me up and I will be happy to help! For easy access, my bookmark is: