Small Claims - Question

[alpine00001]

What is the name of your state (only U.S. law)? South Carolina


I have a question about what steps I can take to recover money owed to me by an employer. I am a graphic designer and was employed by a marketing company to do work for them.

Background info: This company is owned an operated by one person, the owner.

To start off this man insisted that we handle it as contract work, so he would pay me for work I did. I completed several projects and he sold them to clients. He did not pay however, and told me he was going to employ me as a worker and give me a salary. I did some more design work for him, traveled around doing business work, and even drove him around in my car. He kept delaying paying me telling me he would the next week and so on. He also was slow on completing the paper work. During this time I kept doing work since he continued to promise he would not only pay me for the design work, but for the time I spent on business matters. I see this is not going well, so I tell him I want a written and signed agreement on how much and when he would pay me. He refuses to do it claiming that once he gets out of the whole he will square up with me and it will be all good. I told him that I wouldn't do any more work for him. Recently I was contacted by him and he told me he needed something done, and that when he got payed for it he would give me money. But, it ends in nothing again.

My question is, do I have any grounds to take him to small claims court?

I have talked to some other business owners, and they have said since he has used my work and sold it, that I have a legit claim. I just want to make sure I have a valid point, and what steps I should take.

I have text messages of him saying that he will pay, and emails asking me to do work. I have other people that will confirm my claims as well.

I also have a demand letter written up ready to send him.

Any advice would be much appreciated, thank you.

 

[alpine00001]

I have an update to this.

The person is now packing up and leaving the state. Anything I can do? Or is it just one that gets away..

 

[Banned_Princess]

I suggest you figure how much he owes you and sue him right away.

once you get a judgement, collecting on it is a whole other matter.

 

[latigo]

Of course you have cause of action (legal claim) against the deadbeat for money due and owing. Why would you have to ask?

If the amount due is $7,500 or less you can file in a South Carolina small claims court. (Or reduce the amount of the claim to that figure.)

However, you’d better hustle before his bus leaves the state.

Otherwise you’ll not only have problems locating his whereabouts, but if he is found residing out of state there is a lot of confusing and time consuming processes that must be followed to obtain a court order authorizing personal service of process out of state.

Plus there would be more red tape and expense involved in getting him personally served and that process may not be available in small claims.

Understand that his leaving the state of doesn’t get him free from the arms of a South Carolina court. Because by “transacting business” with you in the state he subjected himself to the personal jurisdiction of South Carolina’s courts no matter where he moves to.

Just don't count on every collecting on a judgment should you get one. Lotteries and lightening storms give better odds.