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Old 11-03-2018, 02:42 AM   #21
Thinks s/he gets paid by the post
 
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Originally Posted by broadway View Post
So, most seem to be saying this will be a waste of my time and money.
$140 to start not to mention the tolls and tax which is another $20 to go to PA to file.
Yep, but look at it from an emotional point of view. Will you "feel" better getting this off your chest (court date). Will you feel better knowing that, even if you never see a penny, THEY have been inconvenienced and put on notice that not everyone will roll over and play dead if cheated.

We recently had a renter stiff us on back rent and abandoned personal property left in the house. It cost money and took time to go to small claims court and the follow up court for a judgement collection. Tenant than filed bankruptcy. We will never see a cent, but that is not the point. Tenant was forced into paying a bankruptcy attorney and having his credit trashed. There were consequences for perhaps the first time in his life. THAT is my satisfaction. Losing rent and paying legal fees are just a cost of doing business.

In your case, make them pay one way or another. Lost fees are a cost of being self employed (trust me, I know). Just don't let them get away with it.

I agree that you need to wait a couple of weeks.
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Old 11-03-2018, 05:24 AM   #22
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I once had a company my son worked for and did not pay him. I called the states attorney 's office and filed a complaint. that took care of the problem. although my son and the company he worked for were in one state. it took some time, but no fees involved.
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Old 11-03-2018, 05:58 AM   #23
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I am not a lawyer. You may want to check to see if, because you are a NJ resident, you can file a small claims action in NJ. That would put the burden on them, if such action is permitted.
If not already done, I'd send email, now, delineating the time frames from when you started working, previous replies to your inquiries, and of course the promise of a check by first week of November. Then, follow up on November 8 presuming no check is received.

I'm skeptical you will voluntarily get a check from them. This is money they owe you yet they seem cavalier about paying. Notwithstanding you were a 1099, you may also get some extra help by contacting Pennsylvania's Labor Department. Failing to pay workers (maybe 1099 as well) is obviously a big no-no.
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Old 11-03-2018, 06:49 AM   #24
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When someone goes to Small Claims Court or higher courts, they first file the suit.
Then the defendant has to be served a summons to come to court on a specific time/date.

If they don't show up for court, a default judgement will be issued. Or if you beat them in court, the default judgement will be issued.
THEN, you would demand payment. If the defendant refuses to comply, you have got to then do a search for assets that can be attached. This is where the legal process breaks down, as most people and companies don't have the resources needed to identify and collect on the judgement.
To petition a bank for cash, you would need to know their bank's name, address and account numbers. You could also drop a second mortgage on real estate. Or you would need to figure out any assets they own that could be attached--and physically picked up by the Sheriff. Only with specifics can you get the Sheriff to take action. And getting the Sheriff to take possession is often like pulling teeth.

And in most cases, small claims just are not worth the efforts expended.
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Old 11-03-2018, 10:21 AM   #25
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Am watching this thread as, in a way, it parallels my own situation with what has become a legal problem with my TV service overbilling for new services I never ordered. Here on ER in a different thread.
So far, extensive letters to BBB, Attorney General, CEO of the corporation and to the FCC.
Will post back with results. Only $600, but for us that's not just small change.
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Old 11-03-2018, 10:24 AM   #26
Thinks s/he gets paid by the post
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Broadway, Have you thought about just going to the company office in person to demand payment ? I realize it's some travel. Give it some thought.
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Old 11-03-2018, 02:18 PM   #27
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Here is the real threat to the company: Federal/State IRS determines that you (and maybe others) are really employees. They want to collect various employment taxes for all. In some cases they will hold corporate officers personally liable.

I still think you should call your local state labor 'board' to discuss your options with them.
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Old 11-03-2018, 03:29 PM   #28
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Unfortunately, this sounds exactly like the company I last worked for. We had terrible cash flow problems so the vendors complained to me all the time about difficulty getting paid. Eventually we did pay everyone though. Based on everything the OP has stated, I still believe a payment will be issued long before any court action will be necessary. The important thing is to remain visible in the follow up. Document the dates and times that communication took place and the promises made by the company. They will get tired of hearing about it and issue the check. It's way too small of a dollar amount to mess around with.
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Old 11-16-2018, 05:07 PM   #29
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I received an email on Friday 11/9 that their outside accounting firm had "released" the check and that I should receive the check Tuesday/Wednesday.
So I decided to add some cushion and go to my PO box today Friday 11/16.


No check.


Left annoyed voicemails for both the CEO and finance guy.
And also responded to their email from last week.

Guessing they may not be at work given that they are working "short" hours due to cash flow problems.


This is so frustrating and disheartening.


Apparently "released" is not the same as mailed.
And who knows whether something came up and they decided to hold the check at the last minute.



Argh!


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Old 11-16-2018, 06:41 PM   #30
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Broadway: Several of us have given some practical suggestions, yet you seem to choose to solely pursue directly with the company. This, despite the fact that the company has never shown good faith in their dealings with you. Annoyed voicemails are empty - and useless -threats to this company.
Is there an unspoken reason you are not pursuing other, and likely more effective, channels?
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Old 11-16-2018, 06:45 PM   #31
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The one practical suggestion was to call the PA labor board.


I am leaving that as last resort.


As for showing up in person, do you suggest I bring a gun?
What is going to make them pay me?


.


Which action did you suggest that I did not follow?




.
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Old 11-16-2018, 06:56 PM   #32
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Originally Posted by broadway View Post
The one practical suggestion was to call the PA labor board.


I am leaving that as last resort.


As for showing up in person, do you suggest I bring a gun?
What is going to make them pay me?


.


Which action did you suggest that I did not follow?




.



No gun.... but if they say they have a check then say 'Good, I will be by in an hour (or whatever time it takes) to come pick it up'....


Do not let them mail it... that means more excuses etc. etc..
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Old 11-16-2018, 06:59 PM   #33
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No gun.... but if they say they have a check then say 'Good, I will be by in an hour (or whatever time it takes) to come pick it up'....


Do not let them mail it... that means more excuses etc. etc..



The CEO has insisted that the local finance guy use an outside accounting company -- location unknown. This was the case even when I was there.
When I was there and they needed my work, the local finance guy processed the check himself.



Since they "fired" me, the CEO directed the finance guy to use the outside accounting company. Hence I cannot just show up.



So, I ask once again, short of using a gun, I can't think of a way to force them to write me a check and give it to me.


.
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Old 11-16-2018, 06:59 PM   #34
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The last company I worked for did this with every vendor, including the 1099 contractors. They had terrible cash flow problems, but eventually everyone did get paid. I continue to believe you will too, even if not in the time frame you are hoping for. It is very frustrating though, and I received many complaints from vendors saying they never wanted to do business with us again after what they went through.
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Old 11-16-2018, 11:19 PM   #35
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The CEO has insisted that the local finance guy use an outside accounting company -- location unknown. This was the case even when I was there.
When I was there and they needed my work, the local finance guy processed the check himself.



Since they "fired" me, the CEO directed the finance guy to use the outside accounting company. Hence I cannot just show up.



So, I ask once again, short of using a gun, I can't think of a way to force them to write me a check and give it to me.
.
Unlike the movies, a gun will land you in jail as the bad person, and you still won't have the check.
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Old 11-17-2018, 07:02 AM   #36
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Do you have a friend that is a lawyer? Get them to send a letter to the firm, on the law firm stationery, stating their concern over this matter and requesting payment ASAP or else legal actions will follow.

We once paid a lawyer friend of ours $50 (they would have done it for free, but we don't want to take undue advantage of our friends businesses) to send such a letter to a place than DW has done some tutoring for and had not gotten paid... that took care of the situation.
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Old 11-17-2018, 07:57 AM   #37
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I like the lawyer letter idea. That, or email or phone them daily... squeaky wheel gets the grease.
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Old 11-17-2018, 08:52 AM   #38
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Sell the debt to a debt collector? No idea of how much a debt collector would pay you. Even 50 % is a lot better than 0. And the debt collector will make life interesting for the company management.

If a company has chronic cash management problems, and the owners cannot or will not inject Capitol, the business IS bankrupt, IMO.

A company who enters into a contract without adequate capitol is committing fraud IMO.
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Old 11-17-2018, 10:29 AM   #39
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I like the lawyer letter idea. That, or email or phone them daily... squeaky wheel gets the grease.
Fax them a demand letter every day, -> 20 copies at a time, or once every 30 minutes continuously if you can set your machine that way.

It will be seen by various workers, making the embarrassment more public as each worker takes the fax to the "boss".

Once a fellow was ignoring me, wouldn't take my phone calls. After a couple of weeks of being ignored, I sent him 200 faxes to phone me.
He called the next day..
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Old 11-17-2018, 10:47 AM   #40
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If the job is still in process and not been completed, see if you can drop a lien on the job. Like a supplier that didn't get paid.
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