Legal Question in Civil Litigation in Maryland

I offered my services, I was paid half and the other half after I finished. Now they don't want to pay me what they owe: I was called a few months ago by a previous client who is working with a non-profit agency, I had never worked with her or the agency with such an expensive job (aprox $2000) but she said they were a serious professional group and I agreed. I was given a very small amount of time to do a lot of work but I completed it within the time limits. She said, by phone, that as soon as I finish and turn it in, I would have my money, in fact when I turn it in, I would receive my check in hand. Well, that didn't happen, when I turn it in to the agency they said: "ok, thank you! We will pay you AFTER reviewing the document and going over it." Grudgingly, I had no choice but to accept, they already had the document in hand:( Then they said they were not happy with the work and asked me to come in and I came but explained I would not work on it until they gave me my money, the agency finally agreed to pay me half wiht a check from the Agency to myself. The other half after doing the fixes they wanted, which included fixes on the original piece (the one the girl who asked me to go did and had mistakes on). I told them I am not suppose to fix mistakes done by the original but I will do it as a courtousy. After finishing the job, I turned it in and said it was my final copy and expect to be paid this week. The Agency responded and I quote: "The payment will not be made in this week�s check run since we�ll need a few days to review the documents." Fast foward 1 month, no check in the mail no nothing, I email them saying where is my money, no response... I call the agency and say where is my money? This time she responds, that the girl who contacted you in the first place said not to pay me and if you have a problem with that take it up with her. OMG!! I was shocked beyond belief. I couldn't answer. I hung up and called that girl and she (not surprisingly) didn't answer the phone.

I have a W-9 in the agencies name and info, I have deposited the check to one of my accounts so I think I should be able to find a copy of it through the bank????

What should I do? How should I respond? Is this a case I can go to court on? If so which court? What kind of a suit? Who should I sue: the company, the girl or both? THANKS!


Asked on 7/19/12, 7:31 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

You can bring an action against the agency that you worked for for breach of contract. The suit would be filed as a small claim in the District Court of Maryland since it's for less than $5000. You can go on their website (google it) and you will find a complaint form that you can complete as a pdf and print out. You would then have to take it to the District Court in the county where the agency is located. You will have to find out who the proper person is to serve with the complaint, depending on whether it is a corporation or an LLC (limited liability company). If they happen to be in DC then you would file there, but the forms would of course be on the DC Superior Court site.

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Answered on 7/20/12, 6:47 am


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