Legal Question in Business Law in Virginia

Small Business

We are a small software business which has a signed contract to develope a software system with a company in Va. The software has been completed for several months. They keep coming up with varies excuses not to pay us which has caused severe financial problems for us. We can not afford to hire an attorney. Is there any where we can get assistants from the state or find out how to file papers on our own.


Asked on 7/21/06, 2:48 pm

2 Answers from Attorneys

Daniel Press Chung & Press, P.C.

Re: Small Business

If you are not an incorporated entity, or if you are a corporation and the amount is less than something like $2500 (I would need to check the amount to make sure), you can file in VA on your own, without a lawyer. But that would involve at least 2 trips to VA, and mistakes could cost you your case. If the matter is worth pursuing, it's worth hiring counsel to do it right.

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Answered on 7/21/06, 4:20 pm
Jonathon Moseley Jonathon A. Moseley

Re: Small Business

To answer your question an attorney would really need to look over your contract and see what it says, and perhaps some other details.

Yes, you can certainly file something for yourself, although if you are in Illinois that might be challenging.

Some lawyers will take your case on contingency, meaning that you pay only if the attorney is succesful in collecting. However, although that is less risky, this can also result in you paying more to the lawyer in the long run.

Because I do not pay a greedy boss or pay for an expensive office, I charge only $125 per hour.'

I could review the contract and draft the lawsuit for you, for you to pursue on your own. I could even get it filed if you are in Illinois.

However, to answer your question more fully, it would be necessary to review the documents.

In general, you can go to the clerk of the court and ask for the forms to file. But if the claim is for more than $15,000 than you really need to draft a full lawsuit.

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Answered on 7/21/06, 8:40 pm


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