Can I take this person to small claims?

[djdevo]

I thought I would seek some legal advice because I am not sure if I have a case or not. Here is the general situation. My friend's older brother created a consulting corporation called AACG. He was legally registered to the best of my knowledge as a corporation. After some friendly conversations with this person, we decided that I would do some web design work for 18 per hour. Come January (2001) when I was supposed to get paid, he never paid. I waited a month with no payment when he finally told me that his company filed bankruptcy. I do not know which chapter he filed, but he did tell me this: "the corporation is an entity. You designed a website, under contract for the corporation. I am an officer of the organization. If the corp goes bankrupt...I am not personally liable". Since January, I have received $200 out of the $600 owed to me. Now, he is not returning my calls and doesn't appear to want to pay the rest of this money. Where is my leverage here to take him to small claims? By the way, I was never an employee for his company and am I from Illinois.

Ideas that I have thought of (but don't know the laws):
* I believe he had sufficient funds to pay me in January before claiming bankruptcy in February but just never paid me.
* By paying me $200 dollars, he has consented, in a sense, that the $600 is due to me

I appreciate any and all help in getting this sucker.

 

[JETX]

Contact him again, only this time make a FORMAL effort. Send him a letter (certified RRR).
Ask for:
1) The name of his attorney that handled the bankruptcy filing.
2) When it was filed.
3) What the 'real' name of the corporation is/was.
4) What actions did the corporation take in its dissolution.
5) What state was it incorporated in.
6) Who is the registered agent for service.

Include a copy of your invoice.

As for your 'leverage', it depends entirely on what YOU have done. Do you have a WRITTEN agreement for your services?? Have you sent them a WRITTEN invoice for payment???

If you have the above, then you MIGHT be able to go to small claims and get a judgment. Problem is that since you don't even know who you were working for, you don't know who is the defendant. Get some answers. This is your WORKING world, get serious about it.