Legal Question in Business Law in California
Client refusing to pay six months worth of invoices
I have a small business, we have a deal memo is as usually the norm is this industry as contracts don't usually get signed, worked for client, client complained about everything and nothing, I comped a month of work on good faith in spite of her admissions of ''internal problems at her company [sic] weak staffers, bad templates, malfunctioning templates, etc.'', client kept sending work, client became progressively abusive, I suggested she not send anymore work and pay me, client just kept sending work, client became outrageously abusive when I was not available over national holiday & I quit, told client that invoice would be forthcoming, client ignored me, has been ignoring me for 7 months, now has resorted to making threats since my last email & communication indicated intention of aggressive collections, if I continue to pursue wanting to get paid, client now owes in excess of $7,000.00, probably closer to $10,000.00. As an IC what rights do I have to get my money out of this person I can't afford to be out that much?
5 Answers from Attorneys
Re: Client refusing to pay six months worth of invoices
This is an obvious candidate for small claims court - fast, cheap, subject matter is within its jurisdiction, and claim limit of $7,500 plus costs would allow you to get full recovery, or nearly so. Get as much info as possible on how to file, serve, present, win and collect on your claim from (1) your county court's small-claims advisor, and (2) reading one or more paperback self-help law books of the Nolo Press genre on the California small-claims process.
Re: Client refusing to pay six months worth of invoices
Sounds like you have a valid claim under a common counts cause of action. However, small claims may be your more cost effective route. Feel free to contact me if you have any questions.
Re: Client refusing to pay six months worth of invoices
Next time include attorney fees and interest in the contract. For that matter, have a lawyer look over your next contract or deal memo.
Re: Client refusing to pay six months worth of invoices
It looks like you may have to go to court and sue for the money owed to you. I specialize in such collection matters. If you're in the Los Angeles area, please feel free to contact me to discuss this.
Re: Client refusing to pay six months worth of invoices
You have the right to sue for whatever you claim is due. Whether you recover in full will depend on the facts. Filing in small claims court for max $7500 sounds like the way to go.
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