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Marsha411JD, Attorney
Category: Legal
Satisfied Customers: 20401
Experience:  Licensed Atty, 29 yrs exp in the practice of law.
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I am a contractor for the City of San Diego. I provide

Customer Question

I am a contractor for the City of San Diego. I provide services at the libraries as a fitness instructor. I have had trouble getting paid on time every month and when I contact the account (who already has my invoices sent promptly to her plus all my information and ACH account to process the payments, she seems to purposely delay my payments) what should I do
JA: What state are you in? It matters because laws vary by location.
Customer: California
JA: Has anything been filed or reported?
Customer: Well I have been complained to everybody. Libraries supervisor, City Comptroller and they told me that once all my documents are up to date there should be not take more than 5 days after they receive my invoice to process payment. Every time I talk to the accountant she acts very rude and seems to do it on purpose. She only pays my invoices when I contact somebody at a higher level.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 1 year ago.
Category: Legal
Expert:  Marsha411JD replied 1 year ago.


Thank you for the information and your question. You don't say whether or not you have a written contract with the City. If so, if there are terms of payment on the contract that the City is not complying with, you could do a couple of things, but neither may be good choices for you. One is to refuse to provide any further services because of the breach by the City in their payment under the contract. Of course, if you don't have a term contract or exclusivity, they might just hire someone else.

The other is to file a small claims court suit for any unpaid balance and ask the court to award you interest. My guess is that if you did file, the City would pay you before your court date and the court might dismiss your case without awarding interest. You could also try to renegotiate your contract with a proviso that the City must pay interest of a specific rate if payment is later than a certain date. In most cases, most businesses, and cities, have a 30 day payment cycle. So, 5 days would be surprising if the City of SD can make that turn around.

Otherwise, you are stuck with the squeaky wheel process, which is frustrating to say the least, but might eventually get this person in enough trouble to make her change her habit. Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the ratings box above, I will receive credit for assisting you today. Thank you

Expert:  Marsha411JD replied 1 year ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the . For some reason, the Experts are not always getting replies, or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit(paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me even if the news is not good. If you are having technical difficulties with reading, replying or rating,please let me know so that I can inform the Site administrator.Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue,if needed. You can bookmark my page at:

Thank you.