Legal Question in Business Law in New York

Past due invoices

I have been doing freelance work for a company and they have not

paid me for invoices dating back to march and april of 2003. I also

provided the company with additional freelance writers and they

too have past due invoices. Is there any way we can get them to

pay us and since they have neglected to pay invioces from so long

ago can they be penalized?

I have ben in contact with them and they told me the checks were

cut over two months ago and now the manager refuses to get back

to me. Everything is docuemented via email.

Any help would be appreciated, thanks in advance.


Asked on 9/16/03, 4:01 pm

2 Answers from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Re: Past due invoices

The only way an individual or a company can "force" payment for work, labor and services provided is to commence an action in Court.

A court having jurisdiction over the defendant (bad guy) would review evidence given by you demonstrating that the money is owed. The defendant would give evidence demonstrating that the money is not owed, or that you somehow breached the agreement.

A conclusion is rendered by a judge, called a judgment. In effect, a judgment is when the State of New York recognizes that the defendant owes you money.

Once you have a judgment, you can take the necessary steps to collect money. You can restrain bank accounts, levy against inventory, etc.

That is a simplified version of forcing a defendant to pay your invoices.

Mike.

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Answered on 9/16/03, 4:16 pm
Stephen Loeb Law Office of Stephen R. Loeb

Re: Past due invoices

Sue them. If the amount due is less than $3500 you can sue them in small claims court.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 9/16/03, 4:28 pm


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