QUESTION
I had no contract and the employer refuses to pay, but I have emails and proof of work. Can I sue and get the money I earned in small claims court?
Asked on Jul 18th, 2011 on Contracts - Tennessee
More details to this question:
I did around 20 hours of work on a website for a guy at the rate of $20/hour. One week after I started he bailed without telling me. Finally I got a hold of him a couple days later and he told me he was going to do the project himself but would pay me the $400 for the work so far. Around two weeks later after still not getting paid, I tried to contact him and found out that he isn't actually going to pay me at all. If I took this to small claims court is there any hope that I get the money he owed me and sue him for the small claims court fees as well? Thanks!
1 ANSWER
The amount at issue is below the $25,000 limit for General Sessions court, so you may take out a Civil Warrant in General Sessions Court for your County. One thing to consider is your ability to collect. If the person who owes you the money is out of state or does not really have any assets, then the cost to file the suit (typically $119.50) plus the service of process charge ($35-70) is almost half the amount your are owed. If you are successful, you can recover these costs, but again, only to the extent he has assets.
This answer is for general informational purposes only and is not intended to constitute legal advice or a recommended course of action in any given situation. This answer is not intended to be, and should not be, relied upon by the recipient in making decisions of a legal nature with respect to the issues discussed herein. The recipient is encouraged to consult independent counsel before making any decisions or taking any action concerning the matters in this answer. This answer does not create an attorney-client relationship between the author (John R. LaBar)/Henry, McCord, Bean, Miller, Gabriel & LaBar, P.L.L.C. and the recipient.
Answered on Apr 23rd, 2012 at 12:22 PM