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Salty Gator
Posts: 1,831 Captain
Debt Collection?
Salty Gator
Posts: 1,831 Captain
I did a consulting job for a lawyer about a year ago and never got paid. Calling and sending invoices has not yielded anything. I have no experience with bill collection. What are my options?
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Claims court. Tie up his time because thats money to him. And cheap for you. Depending on your bill it's cheaper for him to pay you than to go to court On his dime
Next time have a lawyer look after another lawyer.
Thats one bit of advice a lawyer will NEVER give you.
Free from Popeye!
Your forum friend!
http://clerk-web.martin.fl.us/ClerkWeb/courts/smallClaimsFAQ.htm
The one I use for my contracting service has an intrest clause of 24% annually. Like a pawn shop.
In retrospect, it was foolish to not get most or all of the payment prior to submission of the final work product but I've never had anyone duck a bill before. Small claims court may be the way to go.
If you need this settled i can have your money to you in 48 hours...
Hmmmm?
They want 300 dollars to make a phone call and write a memo, but they will fight like crazy to pay anyone else 10 bucks for busting their butt.
I heard you can look up their home address through the online clerk of the court database looking for mortgage records.
Just for educational purposes of course.
That's about all your going to get.
The action you take will depend on if you want to maintain a relationship for future work.
If it was a one time thing or if you are so pizzed you want to end the relationship: small claims and a letter to the Law Board about ethics - he won't want either of those. If you use the court may sure it is in a court (jurisdiction) where he has done a lot - so when he walks in the court room he will be embarrassed.
If you want to work for the guy again - call your attorney and ask him what's up with the dude. Call the dude directly and be polite - ask what is wrong with the invoice.
How long has it been - time wise? Many attornies pay when they get paid.
Taking him to court, putting him in front of a judge, with a legitimate beef will cause him embarrassment. If you have a really solid case give it to an attorney and he can charge his fees as well.
If you have no contract, and a weaker case, go to small claims yourself.
IMHO
D
We do it all for business and home
http://www.camteq.net
Save $125 on your first service call
Yep. They bank on people not doing anything or if they do something it's all about the negotiation. They're as bad as for heads that way. Those in services know what I'm talking about. It's a culture thing
An attorney will not work for you without one.
Why wouldn't you.
No professional will ever loose respect for requesting an advanced fee for
Services.
An ongoing relationship will build mutual trust.
Again
If said atty is a valued customer who has paid in the past
Work with the customer on payments late fees etc.
Then get retainer prior so starting next job.
If atty is first time client and F ya then sue their ****.
The comments has to how and where above are great.
Good luck.
Ron
www.seaspy.theplan.com
I called his office, told the secretary I will be there in 10 min and I am not leaving till I get my money. I said you tell him that and that I am on my way. When I got there his office door was closed and the check was on her desk. I asked her what he said, and she said he told her "we should hire him to collect our money". :rotflmao
I think this was a one time deal with him but I do consulting work for attorney's once or twice a year. If filing a small claims case, do I file in my county where the work was done or in the county where he works?
The rule for determining where you can sue in small claims courts is Rule 7.060.
Right to Venue. The law gives the person or company who has sued you the right to file suit in any one of several places as listed below. However, if you have been sued in any place other than one of these places, you, as the defendant, have the right to request that the case be moved to a proper location or venue. A proper location or venue may be one of the following:
1. Where the contract was entered into.
2. If the suit is on an unsecured promissory note, where the note is signed or where the maker resides.
3. If the suit is to recover property or to foreclose a lien, where the property is located.
4. Where the event giving rise to the suit occurred.
5. Where any one or more of the defendants sued reside.
6. Any location agreed to in a contract.
7. In an action for money due, if there is no agreement as to where suit may be filed, where payment is to be made.
If you, as a defendant, believe the plaintiff has not sued in one of these correct places, you must appear on your court date and orally request a transfer, or you must file a written request for transfer in affidavit form (sworn to under oath) with the court 7 days prior to your first court date and send a copy to the plaintiff or plaintiff’s attorney, if any.
For the entire set of rules governing small claims actions see www.floridabar.org/TFB/TFBResources.nsf/0/5E3D51AF15EE8DCD85256B29004BFA62/$FILE/Small Claims.pdf?OpenElement
I have, and even after the court said that I was to be paid, I still had to hire a collection agency to get my money. The result was basically selling my debt to them for 50% of the money awarded and walking away with it while they took over the collection. Even with a judgement, there is still no mechinism in place to get you paid.
It's not like the judge says "Lock them up till they pay" This is not a court fine.
All the court does is confirm you should be paid.