In New Jersey, is there a waiting period before taking someone to small claims court for nonpayment?

Question

I am freelance graphic designer and have two clients who have not paid me per our agreement (I have a written contract with one client and verbal agreement with the other) for services I provided to them. I would like to take them to small claims court, but do not know if I need to give them a certain amount of time to pay. It has been almost 5 months since I have finished the job.

Answer 1

If you sent each client a certified letter requesting payment and it has been over one month since doing so file the suits.

But it also depends on what the terms of payment were. If none are stipulated than you are stuck following their terms which can range from 30 to 120 days depending on the industry. And those are from the receipt of the invoice, not the completion of work.

My advice is to try to work things out because once the suits are in court it is difficult to have a normal relationship again. And if the industry you did the work for are insular word will get around quickly.

Answer 2

I doubt it

Go ahead and file. It may induce them to pay up