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roadhand

Junior Member
What is the name of your state? Texas

I worked as an employee for a surveying corporation for 6 years. In Sept. of last year I left and started my own business (sole proprietor) and have periodically did some work for my former employeer as an independant contractor. I do the work and invoice him once a month. I have not performed any work on his jobs lately and he still owes me $1800 from his last invoice from december that was due in January. He has been giving me the run around and every excuse for why he cant pay me. What can I do legally to get my money out of this guy?
 


I AM ALWAYS LIABLE

Senior Member
roadhand said:
What is the name of your state? Texas

I worked as an employee for a surveying corporation for 6 years. In Sept. of last year I left and started my own business (sole proprietor) and have periodically did some work for my former employeer as an independant contractor. I do the work and invoice him once a month. I have not performed any work on his jobs lately and he still owes me $1800 from his last invoice from december that was due in January. He has been giving me the run around and every excuse for why he cant pay me. What can I do legally to get my money out of this guy?

My response:

If you were in New York, your answer would be simple - - a Louisville "Slugger" across the knees.

However, did you REALLY need to have someone tell you to file a claim in Small Claims court?

IAAL
 

roadhand

Junior Member
I was thinking small claims but was not sure if being so far out of my lien rights would effect it. Thank you for your suggestion

edit: Also if I go am I entitled to sue for more than what he owes me?
 

I AM ALWAYS LIABLE

Senior Member
roadhand said:
I was thinking small claims but was not sure if being so far out of my lien rights would effect it. Thank you for your suggestion

My response:

You said, "so far out of my lien rights". What did you mean by that? Is there something in your contract about a lien?

IAAL
 

roadhand

Junior Member
We do construction surveying, his company and mine. we work on municipal public works projects, as sub contractors to the generals that actually get the job from the municipalities. I am considered a sub of a sub, when I do work for him. If i had been subbing from a general, if they do not pay me I can file a lien no later than 60 days from the time that substantial work on my part is completed. Being a sub of a sub the lien rights go to 90 days, but I first have to certify mail an intent letter to him and his general. I did not do this because I trusted the cock sucker because I worked for him for so long, and he was always promising just a few more weeks and he would have it. I have learned the error of my ways in that regard but I am out of any lien rights that I had. I was hoping maybe there was some other way to recoup. We do not have a written contract, only verbal.
 

I AM ALWAYS LIABLE

Senior Member
roadhand said:
We do construction surveying, his company and mine. we work on municipal public works projects, as sub contractors to the generals that actually get the job from the municipalities. I am considered a sub of a sub, when I do work for him. If i had been subbing from a general, if they do not pay me I can file a lien no later than 60 days from the time that substantial work on my part is completed. Being a sub of a sub the lien rights go to 90 days, but I first have to certify mail an intent letter to him and his general. I did not do this because I trusted the cock sucker because I worked for him for so long, and he was always promising just a few more weeks and he would have it. I have learned the error of my ways in that regard but I am out of any lien rights that I had. I was hoping maybe there was some other way to recoup. We do not have a written contract, only verbal.

My response:

Okay, now I understand what you meant by "lien". You'd really be playing with fire by placing a lien on a Municipal Project. You seriously don't want to "thrust and parry" with a Municipality attorney.

However, there is something in writing - - it's your invoice. Also, you can prove a "pattern of practice" between you and your former boss.

So, take him to Small Claims court. Keep it between the two of you. You'll thank me later.

IAAL
 

roadhand

Junior Member
IAAL,
I filed the small claims, his attorney is representing him. They have postponed twice now. I am waiting for the court to set the next date.

Today 7/08/04 he has contacted me offering an olive branch. He has too much work to keep up, and wanted to "give me some of his clients that he cant get too". not in lieu of the money he owes me, but just to open the lines of communication. Then he offered to pay me off in monthly installments. 300 mo for 6 mos. He says that his lawyer has told him that he would lose and that when that happens I can file a judgment that he can pay off at 10/mo if that is what he wants to do. Is that true? I never gave him an answer.
 

I AM ALWAYS LIABLE

Senior Member
roadhand said:
IAAL,
I filed the small claims, his attorney is representing him. They have postponed twice now. I am waiting for the court to set the next date.

Today 7/08/04 he has contacted me offering an olive branch. He has too much work to keep up, and wanted to "give me some of his clients that he cant get too". not in lieu of the money he owes me, but just to open the lines of communication. Then he offered to pay me off in monthly installments. 300 mo for 6 mos. He says that his lawyer has told him that he would lose and that when that happens I can file a judgment that he can pay off at 10/mo if that is what he wants to do. Is that true? I never gave him an answer.


My response:

$10.00 per month, eh? That's a laugh and a half! The guy is bullsh*tting you, big time. If you were to get a judgment, and if he didn't pay the ENTIRE judgment within 30 days after the decision, then you could levy against his bank accounts by way of writ, place a lien on his home, take his car by way of levy and, oh, so many different things!

However, tell him you'll be glad to take his "Client offer and $300.00 per month" deal (if that's what you want), but he must also sign and date a "Confession of Judgment" form so that you can file the same in court. That way, if he defaults on his payments, there's no more need to "prove" your case because he's already agreed, by signing, that he's accepted a judgment against him. Then you could file and serve the Writ, or the Levy, without having to go back to court!

Simple as pie.

IAAL
 

roadhand

Junior Member
Great! I have a fill in the blank legal forms and found this:

Abatement of Litigation Agreement

_____________________, referred to as PLAINTIFF, and _________________, referred to as DEBTOR, agree:

The parties are litigating a disputed matter in the __________________, case number
_________________.

The parties agree that the DEBTOR is indebted to the PLAINTIFF in the amount of $______(_______________________________ & ______/100 dollars).

DEBTOR shall pay this sum under the following conditions:
________________________________

The parties agree to abate the litigation under the following terms:
(a) the case shall not be dismissed for failure to prosecute during the term provided for payment;
(b) this agreement may be filed by either party if necessary to enforce this agreement;
(c) in the event that the DEBTOR fails to pay as is agreed, the PLAINTIFF shall be entitled to obtain a judgment for any remaining balance upon ex parte application, the DEBTOR specifically waiving notice of application for judgment and settlement of the form of judgment.

Either party may file this agreement before the Court.

This is the entire agreement between the parties and this agreement may only be amended by a writing executed by the parties hereto.

Dated: ______________________

________________________________
_____________________ By Debtor


________________________________
_________________ By Plaintiff

Is this what you are talking about? There is one more I will paste momentarily
 

roadhand

Junior Member
Or this one:



Agreement for Judgment, with Debtor

I, ___________________, (“Debtor”) hereby agree for judgment against me for $_________ as of today, ____________, to ______________ (“Creditor”). I, Debtor, do further agree not to protest any collections efforts, in any Court of law or otherwise, against me for this amount of money, plus accrued interest, and any legal fees, by Creditor, its successors or assigns.

I further agree, not to protest any attachments to any property I own directly or indirectly, in any Court of law or otherwise, for $___________ (“Judgment Amount”) plus accrued interest and any legal fees incurred by Debtor, its successors or assigns.

This Agreement for Judgment arises out of my default on a Note or Notes for $________, plus accrued interest and legal fees, due on _____________.

I, Debtor, do agree to this Agreement for Judgment without any reservations and in consideration of immediate forbearance, for 10 days, on collection for my Note in Default to Creditor. Creditor does hereby agree to accept this Agreement for Judgment in return for Debtor’s Agreement to permit entry of a Judgment for the above amount in a Court of competent jurisdiction immediately.

A copy of the original Note or Notes is (are) attached.

______________________
Debtor


______________________
Creditor


______________________
Date


The first one seems to fit the situation but I am not sure.
 

I AM ALWAYS LIABLE

Senior Member
My response:

That's the ticket. That's exactly what I was talking about. Each State has a different name for it, but it amounts to the same thing - - the Debtor is admitting the debt, or "confessing" that a debt is owed and that there is no defense.

Go get him!

IAAL

P.S. I really like the second form.
 

roadhand

Junior Member
Thanks, By the way, YOU DA MAN!

One more question and I will leave you alone, If he signs, do I just go to the court and file something to stop the suit?
 

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