Legal Question in Business Law in New York

I am the owner of an auto transport business. I was contracted to transport 6 vehicles from California to N.Y by another company for $4500.00. After i delivered the cars, the company never paid me. They are claiming the customer never paid them (which i verified was a lie) . What can i do to get my money. The company also has a website that states they own a fleet of trucks, which is another lie. They hire real companies to transport the cars and then take a percentage or not pay them at all such as the case with me. They are also brokering freight without a broker's license which is required by law. I am hoping somebody out there can help me out with this problem, because it is very aggravating to me, not to mention the money I lost in time and fuel. Any feedback would be greatly appreciated.


Asked on 7/29/11, 7:38 am

2 Answers from Attorneys

Your options are either to take them to small claims court or send them a demand letter and then take them to small claims court.

Roman R. Fichman, Esq.

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Disclaimer: This post has been written for educational purposes only and was not meant to be legal advice and should not be construed as legal advice or be relied upon. The post may contain errors, inaccuracies and/or omissions. You should always consult an attorney admitted to practice in your jurisdiction for specific advice. This post may be deemed as Attorney Advertising.

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Answered on 7/29/11, 7:47 am
Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I agree with the other attorney answer, but add the following. First, consider having an attorney write the demand letter - it will get a LOT more attention. Second, it's time for you to revise your current business practices. You should have received a deposit of at least half up front and the balance by wire transfer into your bank account before you delivered the vehicles. Third, have an attorney draw up a good contract that contains provisions like an attorneys fee clause , etc. in case you have any problems in the future. Consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

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Answered on 7/29/11, 8:17 am


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