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Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 55716
Experience:  Attorney with 29 years of experience.
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We do lawn care as a profession. A corporation has a vendor

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We do lawn care as a profession. A corporation has a vendor that ran over some shrubs and tore up the mulch. The corporation hired us to fix it. After we did, then they told us that we had to bill the insurance company of the vendor to get our money. we did and that was in May of this year. We still haven't been paid and so I told the corporation that actually they are the ones who hired us and I think they should be responsible for paying us. so now they are trying to get insurance money from vendor's company, and from the way it sounds, the corporation has no intention on paying us until they collect from them.
Do we have to wait for corporation to be reimbursed first?
Hi! My name is XXXXX XXXXX I look forward to helping you!

You do not have to wait. You are absolutely correct in that you contracted with the corporation and the corporation is who is obligated. Whether or not they have an insurance claim is their issue, not yours. If they won't pay you voluntarily, you want to file suit against them to get you the collection options and leverage you need to collect the debt owed you. 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 them to meet you in court again and answer questions under oath about their assets. After that information is obtained, you have the power to attach bank accounts, have the sheriff seize other personal property, and/or place liens on any property they own to satisfy the judgment. In my experience, simply filing the suit is typically all you need to do to resolve this outside of court because most of the time, once served with a summons they are being sued, the other party will want to settle out of court to avoid the judgment being on their permanent record and the additional legal costs.



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