Sub-contracted no payment

[zirklec]

I need some help on where to start. We were sub-contracted out to do a job for a contractor and never paid. Need to know where and what to file. Our biz is in VA the Job was is VA / he the guy not paying is in TN and I live in FL. First time burned and no experience with this sort of topic. Any advise would be great... I think it can go through small claims due to the amount is under 5K.

Thanks and Happy Holidays

[paul2145r]

Best Bet, Get a lawyer to write him a letter. Something like a cease-and-desist might work... Just an idea, but a lawyer is mandatory in these types of situations...

[stand856]

Yea definately get a lawyer, he'll look over the contract, if you had one, and he'll go from there, sorry to hear that you got burnt, but we all learn on mistakes.

[zirklec]

Sure wish there was an easier way then paying a lawyer. Anyone know Vinnie? he eh....

[stand856]

No uncle Vinnie in Tennessee, though you might find Billy Bob. How long have you been trying to collect? i guess another way would be small claims court

[stand856]

Not to drive you away from this forum but try this one
Labor Law Talk

[BusinessAdviser]

Best Bet, Get a lawyer to write him a letter. Something like a cease-and-desist might work... Just an idea, but a lawyer is mandatory in these types of situations...

Cease-and-desist?!

[paul2145r]

Cease Being an Idiot and Desist from your crooked ways!

You know what I meant- hey- these Christmas holidays have been rough on the ol' noggin!

[BusinessAdviser]

Cease Being an Idiot and Desist from your crooked ways!

You know what I meant- hey- these Christmas holidays have been rough on the ol' noggin!

I clearly DON'T know what you meant. How would a cease-and-desist order solve the problem? I think you are pretty far off base. Might want to leave the legal advice to the attorneys.

[jandmsolution]

I think some else just got burnt.

[DuValEnterprises]

No uncle Vinnie in Tennessee, though you might find Billy Bob.

haha :P Sorry to laugh at your expense bro... Do you know any lawyers personally? I'd suggest getting a lawyer buddy to take a general look at the contract before you pay another, more specialized attorney. Often times even lawyers that don't practice in that area can tell you if it would be worth pursuing (monetarily speaking) before you hire someone

peace

[Virtual_Assistant28]

I need some help on where to start. We were sub-contracted out to do a job for a contractor and never paid. Need to know where and what to file. Our biz is in VA the Job was is VA / he the guy not paying is in TN and I live in FL. First time burned and no experience with this sort of topic. Any advise would be great... I think it can go through small claims due to the amount is under 5K.

Thanks and Happy Holidays

this is so sad... anyone can give advice what to do so that this won't happen again?

[BusinessAdviser]

This is NOT legal advice:

I would guess that you're OK filing in VA (Virginia, not virtual assistant) because the job was in VA. However, only an attorney could answer this question. Further, an attorney can likely advise you regarding filing it quickly and inexpensively with the goal of getting a default judgment. Again, not legal advice, just some thoughts - go speak with an attorney.

[usakos]

Also, this is not a legal advice answer.

I am thinking that, that guy probably does that kind of stuff more often, and there're probably others who he has not also paid. So, if you hire a lawyer to look at it, you may end up paying more in lawyer's fees than your claim. And even if you successfully filed it in a small claim court and get a judgment, all you may end up having is a judgment, and still the guy may not pay you.

You can then file a writ to go take any of his possessions to satisfy your judgment, but if he doesn't have anything in his name, you still won't be able to get anything from him.

You probably just have to write it off and move on.

And the best bet is to file complain with the VA attorney general and then with your local and his local BBB. You may not get anything resolved through any of these but your complain will be listed against him, so that may help prevent him from doing the same to others in the future.

It's not a felony to owe someone in america, and there are rules and laws that govern debt collection, so perhaps he already knows that.

[BusinessAdviser]

Also, this is not a legal advice answer.

I am thinking that, that guy probably does that kind of stuff more often, and there're probably others who he has not also paid. So, if you hire a lawyer to look at it, you may end up paying more in lawyer's fees than your claim. And even if you successfully filed it in a small claim court and get a judgment, all you may end up having is a judgment, and still the guy may not pay you.

You can then file a writ to go take any of his possessions to satisfy your judgment, but if he doesn't have anything in his name, you still won't be able to get anything from him.

You probably just have to write it off and move on.

And the best bet is to file complain with the VA attorney general and then with your local and his local BBB. You may not get anything resolved through any of these but your complain will be listed against him, so that may help prevent him from doing the same to others in the future.

It's not a felony to owe someone in america, and there are rules and laws that govern debt collection, so perhaps he already knows that.

Here's what you need to do. Call an attorney in your area and speak with them in a free consultation. In fact, speak with a few. There are TONS of attorneys out there who will do this. And in most cases, if an attorney will not offer a free consultation, they will be either far too expensive for you to hire or not know what they're doing. You'll get a straighter answer as to your alternatives. Once you decide on the course of action you'd like to take based on the advice, negotiate with them to get the best price for what you would like done. Attorneys are businessmen like anyone else. Even if they quote you, say, $500 to do something, this is not set in stone. Good luck, and let us all know how things pan out.