Legal Question in Civil Litigation in New Jersey
I am a business consultant about to sue a former client who is refusing to pay a $3,200 bill in full. The client did not follow my directions and feels that he has an incomplete product - regardless, two months into the job, he ended our working relationship without allowing me to finish it, stating that there were higher priority items coming up and it was "no longer important." He is refusing to pay more than 50% of the final bill. Since the amount I'm suing for is for over $3,000, I cannot go to small claims court according to Ocean County Small Claims Court, but to "Special Civil," which I've never heard of. What is the difference, and is a lawyer going to be mandatory in this Special Civil part?
2 Answers from Attorneys
Hiring an attorney is advisable but not necessary unless you are an entity such as a corporation or LLC. I would be willing to discuss this with you at no charge and see if I can assist you while keeping the legal fee low in relation to the amount in dispute. Best regards Keith A. Singer, Attorney At Law 732-749-3700
If you were closer, I would suggest that you consider attending my course "Sue Yourself!" which is starting next Tuesday evening at Camden County College in Blackwood. (2 evenings) Lacking that, consider reducing the claim to $3000. The case will go to mediation first and you can always negotiate around the $3200 figure. You don't have to have a lawyer in Special Civil Part, but it would significantly increase your chances of a win and decrease the possibility that you would waste your time.
If you do this kind of work often, you may consider having a business lawyer review your processes and documents. In a well-organized business, attorney fees for collections are permitted by contract. That goes a long way to settling disputes and making your work more attractive to lawyers when and if you have problems.
See http://www.corbettlaw.net/education.php
See also: http://info.corbettlaw.net/lawguru.htm
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