English Deutsch Français Italiano Español Português 繁體中文 Bahasa Indonesia Tiếng Việt ภาษาไทย
All categories

I did a photography job in February and was supposed to be paid $200. I sent an invoice and it states that if not paid the balance will recieve a 5% late penalty each week.

It has been weeks later and still no payment; the balance is about to reach $300.

Can I sue for $300? Will it hold up in court? We have a written agreement in e-mail that I will be paid $200 for my services, and also e-mail documentation that the other party received the invoices.

2007-05-11 02:13:50 · 16 answers · asked by silver5802 1 in Politics & Government Law & Ethics

16 answers

Yes, in small claims court. File immediately, and write the non-payer that they are liable for the court costs, plus the extra time it will take to get a ruling. Make sure to include the time up to the resolution in the court papers, so that all the time it took in the court case you will accrue penalties for nonpayment. Be sure to send a notice to the accused of what is happening via priority mail signed returned (snail mail). This is to create a paper trail showing that contact was made numerous times, this will straighten your case.

2007-05-11 02:16:18 · answer #1 · answered by Anonymous · 4 0

Yes, small claims are the hardest though

because you probably defend yourself
(no attorneys are needed because if you pay 300 for the
attorney you still lose)

Be sure you write down (document) and be on you r most
tolerable behavior look sharp, the briefcase always works for
me. Never lose your cool and listen to the judge completely
in order to give back the proper answer that gives you the
power... good luck!

oh yeah be sure and sue for a larger amount and if
asked explain: time off, money lost, court fees, trama

2007-05-11 02:32:16 · answer #2 · answered by manoman 4 · 0 0

Before heading out for small claims court, make sure you have exhausted all means possible to get this resolved. Write a demand letter reiterating your email agreement, the cost, the interest, the amount due to date, and the possible legal action you will take to recover your money. Send this by registered mail (requiring signature). When you get the receipt of the delivery, you can now go to court. Hope this helps.**

2007-05-11 02:29:13 · answer #3 · answered by ★Spotter★ 7 · 0 0

Did you obtain a signed contract or agreement? Was the 5% per week late penalty agreed upon? Was it understood that it was per week and not per month? I say that because that seems like an unusually excessive late penalty. You could easily go to small claims court for this. If they actually signed this agreement, I see no problem.

2007-05-11 02:25:46 · answer #4 · answered by kamara 1 · 0 0

gather all your papers and head to small claims court...you may also be able to seek compensation for loosing 1/2 a day, or a day of work by going to court...but you need to add that to the $300 and do it at the time you file, otherwise the judge is only going to award what you originally asked for.

2007-05-11 02:19:26 · answer #5 · answered by Anonymous · 0 0

Of course - you can sue for any amount of damages incurred to you. The only difference is that it will be referred to as a small claims court case. Haven't you ever seen The People's Court!?

Duh Dah Dah...Duh Dah Dah...

Here's Judge Wapner!

2007-05-11 02:17:36 · answer #6 · answered by Anonymous · 0 0

Yes, you will need to take them to small claims court. Go to the local court house and they will help you file the proper documents.

2007-05-11 02:16:58 · answer #7 · answered by ladywildfireok 3 · 1 0

Yes, go to "small claims court" or Magistrate Court and file a Statement of Claim and include court costs with your $300.00 so that you get that reimbursed to you as well.

2007-05-11 02:20:53 · answer #8 · answered by Scadle 4 · 0 0

You sound as if you have a very good case for small claims court. They usually find interest and penalty acceptable on these kinds of cases; as well as reasonable legal fees.

2007-05-11 02:19:13 · answer #9 · answered by wizjp 7 · 0 1

Probably in small claims court. I'm not sure what the cutoff amount is.

Personally, I would go beat the money out of them.

2007-05-11 02:17:29 · answer #10 · answered by Joe M 5 · 0 0

fedest.com, questions and answers