Legal Question in Business Law in California

Unpaid invoices...

I am an independent contractor in the medical billing field. My former client is refusing to pay me for unpaid invoices. We have made attempts in resolving this matter with no favorable solution. I have been told I need a ''collections attorney''. Is this correct?


Asked on 2/11/09, 4:36 pm

3 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Unpaid invoices...

Yes, and if your invoices say that unpaid invoices will incur Interest, Attorney Fees And Costs Of Collection, your former client will pay these additional amounts, not you.

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Answered on 2/11/09, 4:39 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Unpaid invoices...

A "collections attorney" is an informal specialization, not a separate type of lawyer such as "patent attorney." Any lawyer who is willing to accept collections work and has some experience in the area should be able to serve you adequately.

If the amount you are owed is $7,500 or less, or you are willing to forego the excess over $7,500 to get a quick and cheap resolution (or have no fee clause in your contract) you might consider Small Claims Court.

I wasn't told what defenses the client may have; re-reading the contract to make sure it calls for payment per hour or per invoice, rather than say, a percentage of recoveries, would be a starting point.

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Answered on 2/11/09, 5:20 pm
Terry A. Nelson Nelson & Lawless

Re: Unpaid invoices...

If the bills total less than $7500, file by yourself in small claims court. If substantially more, then consult with a civil litigation attorney or 'collections' specialist. Feel free to contact me if you need legal help. Merely having an attorney contact them may 'persuade' them to pay or negotiate a settlement.

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Answered on 2/11/09, 5:54 pm


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