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Lawyers and other smarties: advice?

(We really should start a fund for our PCE lawyers. You could make bank on all our questions.)

The company I freelance for just went out of business last week. I e-mailed the owner to ask whether we would be paid and was told, unequivocally, yes. I got an e-mail today saying that our pay was up in the air because they are having trouble collecting from their clients. (I don't give a flying fcuk about your clients. I held up my end. Anyway.)  They owe me less than $400, but that's a major chunk of change considering I'll have zero income as of next Friday.

They have their e-mail listserv on lock-down, so I have no way to contact other contractors about the possibility of class action. The fee to file in small claims probably isn't worth it except on principle. Would it be effective to have a lawyer friend write a letter to try to scare them into paying me? FWIW, my contract does not include an arbitration clause or any other language barring me from taking legal action. What's my best option here? I'm in no mood to just let it go, but I'm afraid that might be the end result...

Re: Lawyers and other smarties: advice?

  • :::standard disclaimer - this is not legal advice, just my opinion:::

    What do you mean it isn't worth it to file in small claims?  The filing fee can't be more than $50 or so.  Regardless, if you have a lawyer friend willing to write you a letter, I'd start there.  Letters from lawyers often scare people into action.  Pursuant to your contract, when were they supposed to pay you?  I'd wait to send the letter until that time as passed. 

    image
    Anything you can achieve through hard work, you could also just buy.
  • I'm waiting until May 15, when I would normally be paid. I just want to have all my ducks in a row, so to speak. I thought I remembered something like $50 for small claims and thought that seemed too low. I'll look into it if the letter doesn't work. $50 is definitely do-able.
  • I did a quick google and it looks like "small claims" in GA is called "magistrate court" and your filing fee of $45-55 covers service of process, too.  That's a great deal!  But start with the letter. 
    image
    Anything you can achieve through hard work, you could also just buy.
  • contact DOL or IRS and  you can get free legal services
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