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ellie Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-14-07 10:52 AM
Original message
Question about a company's refusal to pay
My husband did some work in late September for a high-end luxury retailer. He submitted an invoice and later we faxed in tax forms to the home office, but he hasn't been paid. It has been 10 weeks. Calls to the store where he did the work have not been returned, although the woman he worked for at the store called last week and said the home office sent the check out on 11/30 (an obvious lie since we haven't received it yet). He was acting as an independent contractor and the company owes him over $1,000. Is it laywer time?

Thanks!
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flvegan Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-14-07 10:53 AM
Response to Original message
1. Was there any kind of contract between the two?
Anything in writing?
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ellie Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-14-07 10:56 AM
Response to Reply #1
5. No contract,
just a verbal agreement with an invoice submitted.
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flvegan Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-14-07 10:57 AM
Response to Reply #5
8. See MrCoffee's response.
That's the next move.
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AllegroRondo Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-14-07 10:54 AM
Response to Original message
2. you may be able to just file in small claims court
the $ limit varies by state. I would take that route if possible, so you dont need a lawyer.
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MrCoffee Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-14-07 10:55 AM
Response to Original message
3. don't lawyer up just yet...
send them a demand letter via certified mail, return receipt requested. document your attempt to request payment in writing.

the lawyer's going to cost almost more than the amount due.
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AllegroRondo Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-14-07 10:56 AM
Response to Reply #3
4. good point. i would start with that too.
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ellie Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-14-07 10:57 AM
Response to Reply #3
7. Thanks!
I will do that today.
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_testify_ Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-14-07 10:56 AM
Response to Original message
6. This isn't good news
but maybe it will help in some way. I work in the home office of a retailer, and I have seen Accounts Payable dodge paying contractors for a helluva lot longer than 3 months. Unless they need him again, there's little incentive to cooperate and pay on time.

One thing I can tell you is that there's zero gain in contacting the store location. At most they'll call the home office, which hasn't gotten you anywhere yet.

Lawyer up! A well written letter may do the trick.
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ellie Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-14-07 10:58 AM
Response to Reply #6
9. Thanks
for the advice. There isn't any incentive to pay him, that is what I am afraid of.
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MrCoffee Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-14-07 11:01 AM
Response to Reply #9
10. they'll pay, they'll just put it off as long as they possibly can
send the first letter ASAP, and include a reasonable date on which you expect to receive payment.


they will pay eventually. i'm sorry they're putting you through the hasssle, though.
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ellie Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-14-07 11:13 AM
Response to Reply #10
12. Thanks
for the great advice. I didn't know what to do.
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Beer Snob-50 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-14-07 11:06 AM
Response to Original message
11. my company uses a couple of collection agency's
for our deadbeats. they get like 17% of anything they collect and they are good.
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begood Donating Member (48 posts) Send PM | Profile | Ignore Fri Dec-14-07 11:17 AM
Response to Original message
13. file a SCC complaint
that is Small claims court. Usually 35 dollars depending the state. It does work right away for me.
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