Legal Question in Business Law in California

Problem Collecting On Expert Consulting Work

A couple years ago, I did some expert consulting work for an

attorney in New York. He owes me $7,000 and has not responded

to numerous past due letters. My contract with him provides for

venue in Napa County California or in Federal District Court in San

Francisco. It also provides for costs and expenses, including

attorneys fees to the prevailing party in the event of any collection

effort or legal action arising out of the contract. MY QUESTION: can

I find an attorney in CA to take this case, or should I just go to small

claims court. I need to do something quickly because the 4 year

since our contract was entered into is rapidly approaching.


Asked on 11/12/04, 3:09 pm

2 Answers from Attorneys
Larry Rothman Larry Rothman & Associates

Re: Problem Collecting On Expert Consulting Work

It may be faster to go to small claims court, but you would lose $2,000. Our firm handles cases throughout California and would need to review your documentation. You could not sue in Federal Court since the amount is less than $75,000 needed for diversity jurisdiction.

Read more
Answered on 11/30/04, 10:26 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Problem Collecting On Expert Consulting Work

I would consider taking your case (I'm in West Marin and handle business and real estate law matters throughout the North Bay), but you should look at my Web site www.bizlaw.ws and then contact me with more details and to work out a realistic fee arrangement.

No lawyer should take a case without reviewing the prospective client's factual and legal position and checking for conflicts, etc.

Unless there is a Federal issue, your case can't be heard in Federal Court because it doesn't meet the $75,000 in controversy threshold for Federal diversity jurisdiction.

Read more
Answered on 11/12/04, 4:41 pm


Related Questions & Answers

More Business Law questions and answers in California