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jqy444

Guest
I'm in California and recently entered a contract with a business owner to do contract recruiting for his search firm. Our contract was for 2 months only and at the end of the two months we would decide if we wanted to continue. I have decided not to continue and he refuses to pay me! In fact, he hasn't returned my call for days (after attempting to reach him over 50 times!). I almost lost my apartment, due to this fact. I have bounced about 5 checks (including on to the IRS) and am in danger of getting my phone cut off (he has also agreed to pay for this as well.) It's obvious he's not going to pay me. What is the best way for me to proceed with legal action? Can I sue him personally, or does it have to be his company? We had a verbal agreement, every 2 weeks I have a wire transfer (documented) on my bank statements, I have a contract he has sent me (he never signed), and I have all email records that will support everything we've agreed on.
Can someone give me advise on this?
 


I AM ALWAYS LIABLE

Senior Member
jqy444 said:
I'm in California and recently entered a contract with a business owner to do contract recruiting for his search firm. Our contract was for 2 months only and at the end of the two months we would decide if we wanted to continue. I have decided not to continue and he refuses to pay me! In fact, he hasn't returned my call for days (after attempting to reach him over 50 times!). I almost lost my apartment, due to this fact. I have bounced about 5 checks (including on to the IRS) and am in danger of getting my phone cut off (he has also agreed to pay for this as well.) It's obvious he's not going to pay me. What is the best way for me to proceed with legal action? Can I sue him personally, or does it have to be his company? We had a verbal agreement, every 2 weeks I have a wire transfer (documented) on my bank statements, I have a contract he has sent me (he never signed), and I have all email records that will support everything we've agreed on.
Can someone give me advise on this?
My response:

With all the time that has already passed, you could have been in and out of Small Claims Court and had your money by now.

IAAL
 
J

jqy444

Guest
Do you think small claims is the best way to go? I actually spoke with this person this morning (he finally returned my call after I made several threats to take him to court wich would in turn damage his personal credibility). He has said that he would rather go bankrupt than tp pay me the money. It out contract it clearly states that I was on a draw (common payment in the sales industry). So, regardless of if i had brought him business or sales this is a guaranteesd salary. I have thought about also hiring a collections agency and doing anything else I can to recover my funds. Any suggestions? I'm thiking about hiring a lawyer or is small claims the best way?
 

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