Dear TMontana:
You did not make the mistake, your client did! Why on earth should you be penalized for their incompetence? Your client should take the loss not you, who acted in good faith and honesty.
If your client agreed to a price, they must stick by it until they give you notice otherwise. If you had no notice until after the job was done, then you did not get sufficient or timely notice from your client to mitigate.
Three options:
1. If it is a small amount, sue in small claims court. It is cheap and fast.
2. If it is a large amount, over 10K, you might try a lawyer and get them to work for a contingent fee.
Either way, once you get a judgment, you or your lawyer can file a garnishment against any of your client's customers; freezing any moneys owed by your client's customer to your client. In other words, your client won't get paid either until they settle with you. And the bad Kharma that results for your cheating client is priceless.
3. The best option is this: A letter to your client's customer's legal department and/or a phone call would be better explaining your situation would probably put enough pressure on your client to settle without all the fuss with litigation. Most Prime contracts with Cable companies contain a clause that if the Prime does not pay their sub contractors, then the Cable company can declare the Prime in default, canceling the contract. A wise Prime would take the loss rather than lose an entire contract.
And don't forget to file a UCC on them. Its cheap and easy and will affect their credit for a long time to come.
Good luck.
Innoative Marketing Systems
Re: How do I sue for not getting paid
Member #: 22668
Registered: 3/29/2003
Posted:
107
Name:
Frank Anderson
Name:
Frank Anderson
Company:
Innovative Marketing Systems
Occupation:
CFO
Location:
Dallas, TX
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