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Has anyone used an attorney to collect payment... - inquiring

Posted: Aug 12, 2014

Hi,

If you have used an attorney to collect payment on an invoice as an IC, I am curious to know how long it took to obtain payment and if you pursued any other damages such as the attorney's fees, bank charges incurred, etc., etc. and how long the process took.

I am out of patience with a small MTSO who pays consistently 1-4 days after payday and ready to pursue any and all avenues necessary to obtain payment since pay is late again and I have received no repsonse to my inquiries regarding status of my pay.

Feel free to email me privately to share your experience and/or to request the name of the company I am having issues with.

TIA!

The problem is, even if you win, there is no guarantee you can collect. sm - Deadbeats abound

[ In Reply To ..]
At least that is what I was told, that the court can issue a judgment, but if they do not pay, you would have limited options. I was cheated by an MTSO and it turned out she owed so many people and was filing bankruptcy and the odds of me getting anything were small, so I just let it go and chalked it up to experience. On top of it, she had pretended to be my friend, but in the end, she will be the one who has to answer for her sins.

I hope the person does not owe you much. Good luck in collecting! :-)

If you file in Small Claims and win, and still don't - collect, you can then put a lien - sm

[ In Reply To ..]
on just about anything of value they own, and it has to be sold to pay you your money. I once put a lien on someone's car, which I happened to know they had the pink slip on. Had I not bumped into that person in a restaurant, and convinced them that paying me immediately in cash was the easier road for them to follow, within a week of our meeting, a sheriff would have gone out to their home accompanied by a tow truck, and taken their car.

check your facts... - you cannot put a lien

[ In Reply To ..]
on a "service." I am treasurer of an HOA and we had a dispute with a vendor we had used to service our lawn care. We did not pay the vendor that performed the service, as we were disputing the charges we were being charged. the vendor put a lien on all of the HOA properties until the debt was paid, even if it was in legal dispute. We sought an attorney and we were told a "service" is not lien-able. The vendor in turn went to an attorney who told her the same thing... she cannot put a lien on property for a service. she therefore had to pay to have the lien on 32 properties removed! MT is a service provided to a client. Therefore one cannot put a lien on the client for "services rendered." check it out for yourself.

My suit and lien was for a service (not MT). - I did the work, I was not paid. (sm)

[ In Reply To ..]
I wasn't an employee, just an IC. So I filed, they didn't show up in court, and I started the lien process. I got lucky and bumped into the deadbeat in a Denny's. He'd just gotten paid and was eating out. I embarrassed him in front of his friends, and he paid me cash.

I do not - understand

[ In Reply To ..]
You are stating that your MTSO pays 1-4 days late consistently... that is not like you are not getting paid at all! I would much prefer being paid late rather than no pay at all, and I do not see where seeking an attorney is going to help the situation. What do you want him to do? Scold her?? I work for a small MTSO, as well, and yes, she is consistently late with payment, but I do appreciate the fact that she DOES pay me, be it 4 days late to a month late, at least I finally get it. I would not complain, if I were you. Consider yourself lucky to even have the job at all. Perhaps she has to wait to be paid by the client in order to pay you. cut her some slack already.

No, don't cut her any slack! - Nick

[ In Reply To ..]
This attitude of "consider yourself lucky to have the job at all" attitude is just wrong. This person has performed a service and deserves to be paid in a timely way. I am sure that if I paid my mortgage 4 days to a month late, the Bank of America would be pounding on my door (and eventually taking me to foreclosure). We teach people how to treat us. Hopefully, this MT had the foresight to have a signed contract with the MTSO that specifies pay dates. If the MT performs her work on time and therefore the hospital or physician for whom the MTSO is doing the work is kept in TAT, the payments to the MT should also be kept in TAT! Most businesses that are legit (even small ones) have a line of credit at the bank that they can draw on for cash flow problems. Whatever cash flow problems the MTSO has are not the MT's problem. They need to agree upon a pay date and stick to that date. I don't advise using an attorney. Our firm bills $400/hour. I would think perhaps a frank conversation about needing to be paid on time would do it. In any event, please don't roll over and buy into the "you're lucky to have a job yada-yada" routine. It devalues you. Your work is valuable and you should be paid for it. Good luck!

No slack and charge late fee - ICgranny

[ In Reply To ..]
Definitely don't cut her any slack or waste any money on an attorney for late payments, unless your are owed a boat load of money--which in this business is probably not the case. Assuming you have a contract with specified pay dates, you should send another bill after the pay date has passed with a late fee--5% maybe? Like Nick said any other business, mortgage, credit card, rent, etc. is not going to give you any slack and you are a business too. The quoted late feeds on my mortgage and credit cards are terrifying--you should terrify her. Just sayin

The fastest and most effective way to do it - No nonsense person

[ In Reply To ..]
Turn these people or this company into the U.S. Internal Revenue Service (f you are an IC) and the Social Security Administration (if you are an employee).

The people at the IRS will ask you particulars. Then you leave it up to them. The IRS WILL contact the company, trust me. I've had to do it before, and the company was not happy.

You have to learn to take your power back.

You may want to let the company know in writing that should you not receive your compensation, your call to the IRS will be forthcoming. There is no need to grovel. If you are an IC, and they are withholding $$, then more than likely they are in violation of treating you as an employee, and you can also go over that with the IRS too as well as calling the social security administration.

Stop all this groveling and take your power back people.

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