What is the name of your state (only U.S. law)? NY
I put in several hours of consulting service for a company - last year in 2008 for various clients. While he has paid me for some work last year, there is an outstanding balance of a few grand. I attempted to have him pay me in full, via invoices, notices, email, and phone calls, but I've gotten the run around since. So, now I have sued in small claims and a 2nd appearance (he adjourned the first) is pending.
Here are the facts: The company had hit very bad financial times. They already received payment from the client, but this has been used for other expenses. The company does NOT dispute it owes me, and in fact, given me a written proposal for a payout plan over 6-months. I have received a check for 1st payment. All this came about because I sued in court. I feel this attempt is all a bit too late, and all faith and trust has been lost between myself and this company. They had over a year to pay out, and did not.
I would consider accepting the payment plan, but 1) it is over a 6-month period - which is ridiculously long considering it took a year to get their attention for a relatively small amount (but they are crying poverty), and MOST IMPORTANT, 3) I have reason to believe the company is on the verge of BANKRUPCTY. I suspect, that possibly, this payment plan, is a delay tactic until they can file chapter 11. They admitted as much that they are trying to stay afloat and restructure the organization. If they do that, I feel I will NEVER see my money, or be in a long line to collect. In fact, I am probably just in time with the lawsuit.
They have stated the absolutely FEAR a judgement against them, and so not sure what I can do legally to assure I will be paid in full, other than proceed with the case. They are saying their doing everything they can to settle outside of court, and a judgement could put them out of business or be bad with "creditors".
What say this wise counsel of the forum. Thank you in advance!
I put in several hours of consulting service for a company - last year in 2008 for various clients. While he has paid me for some work last year, there is an outstanding balance of a few grand. I attempted to have him pay me in full, via invoices, notices, email, and phone calls, but I've gotten the run around since. So, now I have sued in small claims and a 2nd appearance (he adjourned the first) is pending.
Here are the facts: The company had hit very bad financial times. They already received payment from the client, but this has been used for other expenses. The company does NOT dispute it owes me, and in fact, given me a written proposal for a payout plan over 6-months. I have received a check for 1st payment. All this came about because I sued in court. I feel this attempt is all a bit too late, and all faith and trust has been lost between myself and this company. They had over a year to pay out, and did not.
I would consider accepting the payment plan, but 1) it is over a 6-month period - which is ridiculously long considering it took a year to get their attention for a relatively small amount (but they are crying poverty), and MOST IMPORTANT, 3) I have reason to believe the company is on the verge of BANKRUPCTY. I suspect, that possibly, this payment plan, is a delay tactic until they can file chapter 11. They admitted as much that they are trying to stay afloat and restructure the organization. If they do that, I feel I will NEVER see my money, or be in a long line to collect. In fact, I am probably just in time with the lawsuit.
They have stated the absolutely FEAR a judgement against them, and so not sure what I can do legally to assure I will be paid in full, other than proceed with the case. They are saying their doing everything they can to settle outside of court, and a judgement could put them out of business or be bad with "creditors".
What say this wise counsel of the forum. Thank you in advance!