Legal Question in Credit and Debt Law in Illinois

Freelancer not getting paid

I have been freelancing for a photographer in Chicago consistently for about a year and a half. Over the last year he has slowly been getting more and more behind. There is no contract, and we never agreed upon a length of time for invoices to be paid (the industry standard is 30 days). He now owes me almost $3,500 (over 3 months behind).

I have told him I can not continue to work until he pays what I have invoiced him for. He has not challenged what I have invoiced him for, he simply has not paid.

What is my best route to get what he owes me? I get the feeling he has a lot of debt and is not paying because he cant. will I get screwed if he files bankruptcy? What is the maximum amount for small claims court in Illinois? and how does small claims court work? will it guarantee I get paid and when?


Asked on 10/23/08, 12:20 am

1 Answer from Attorneys
Lesley Hoenig Lesley A. Hoenig, Attorney at Law

Re: Freelancer not getting paid

The limits in small claims in Illinois are 10,000 so you can pursue him in small claims. But as you are not an employee you may have a difficult time recovering payment if he files bankruptcy, depending on the chapter he files. Small claims court doesn't guarantee payment but it allows you an avenue to collect through the judicial process. You should consult a local attorney experienced in collections about this.

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Answered on 10/23/08, 12:59 am


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