Legal Question in Business Law in Indiana
I have a consulting business, where I help trucking companies with Federal DOT audits. I also work for company X full time as the office manager. Company X hired my consulting business to do the drivers logs and etc.,My Company did that. It has been 1 year since I sent her a bill and I keep asking her to pay it. I am worried she will file bankruptcy before paying me. She is in bad financial problems. I am authorized to sign her checks. I don't want to make a check out for my consulting company and sign it, because I now found out, she is the type to scream embezzlement. I just try to prevent problems. The last bill I sent her was made out to Company X and her name and her 2nd trucking company. My question is am I protected, in case she doesn't pay that I can take her (personally) to small claims? or do I just quite sending out her invoices until I get paid? I receive a weekly wage and my consulting company is to get paid.
1 Answer from Attorneys
the handwriting might be on the wall. the co./she are in bad financial condition and your consulting co bill is a year past due. my guess is that other vendors are also. as you sniffed out, do NOT write the check to yourself. you dont want to turn a collection problem into a criminal one. i would press her to at least start making small payments towards it. if you are going to get stiffed, better for less than more. i don't see the point of continually sending out the same invoice - she knows it is due.
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