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Breach of contract by a corporation. Remedies?

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sfxghost

Junior Member
What is the name of your state (only U.S. law)? California

Hello,

I have a signed contract between myself and a corporation registered in Texas. The contract is for software development work that has been performed in late May 2009. The contract states that I should send the invoice before the 5th of the month for the payment on or around 15th of the month.

I've completed the project on May 29th, delivered the work product and invoice on May 29th. I've not received anything by June 15th. I contacted the company official who sent me the contract and was told to expect the payment by the 30th.

Couple of days later I was asked to do more work, which I completed by June 20, sent an invoice on June 30.

I have not received any payment on June 30, on July 15, and July 30th. After I called the company couple more times, I got in touch with the CEO. From then on it has been a lot of motion and very little accomplishment. Each time I call him, I leave a voice message, sometimes he calls back, sometimes I have to call back again. He is saying that the times are tough for the company, that they have bills to pay, that other consultants are waiting and that I should wait as well. He refuses to pay or advise me when the payment will be made.

Are there any recourse for me?

I am considering filing a suite in the California Small Claims Court: the total amount in question is less than $7,500, and the contract was performed and breached in California.

I am concerned that the legal battle will take several months, and then I will still be stuck with the judgement and having to somehow collect the money on it.

I would apreciate any feedback on the issue.

Thank you in advance!
 



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