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A major company which is my Client owes my small business $x.xx. I tried calling, e-mailing, going to their office to talk about payment options but I've been giving the run around. Well I resent a copy of the invoices along with a pre-collection notice. They agreed to pay and for me to come get the money. Once I got there they only wrote a check for less than 7% of what they owed and said thats all they will pay and tried to get me to sign a form. I refused then they began to insult me by saying I would not get my money because I'm a small business. Also I waived all late fees to try to get my money but now I'm thinking that was a mistake. What do I do?
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Moffa, Sutton, & Donnini, P.A. - Business Law Division
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Looks like you’ve exhausted your amicable means of resolving the dispute. I’d say it’s time to meet with a business litigation attorney to discuss suing the vendor for breach of contract/payment due. Litigation has many variables, but generally in a business context, it comes down to dollars and cents. The attorney should be able to take the facts of your case, and, after analyzing the documents involved, provide you with an idea of the strength of your claim and an estimation of the time and expenses involved. If your vendor contract was drafted properly, this shouldn’t be a huge endeavor to put together. And, if you did the contract right, the victor will be awarded attorneys’ fees and costs. Finally, although some people may say ‘you don’t need a lawyer,’ you do. Litigation, even small claims, can get complicated. I wouldn’t let this linger – in my experience, these situations resolve themselves more quickly if addressed more quickly.
Answered on Mar 25th, 2014 at 3:08 PM