old client won't pay

[unix7481]

Texas/Wisconsin

When we lived in TX my husband was a computer consultant for the company his dad worked for at the time. It was agreed that the owner of the company(who hired husband) would pay $80 an hour for his work and to send him an invoice once a month. Well in the first month husband worked 10 hours and sent him an invoice for the $800. The guy never paid and this was back in January/February 2000. He has sent several invoices and called several times. There is never any answer at the company because they had to fire the receptionist because they had no money. My father in law had to quit because they owe him over $20000 in back salary and won't pay it. The company has supposedly gotten back on its feet but still won't pay. We are going to take them to small claims court. We are in Wisconsin so we will have to do it via an attorney. If we win can we stipulate that they pay the lawyer and court fees? Also can we add on charges for late fees and penalites? Thanks.

 

[Third Party]

Yep yep.

Texas has a maximum of $5000.00 that you can sue for in small claims court. Thus, your father will have to choose another route. However, you can sue in small claims for the $800.00 owed.

You can ask for court fees also.

And you can ask for interest on the $800.00, but that is about all you can get for being late with the payment. This is because, to my knowledge, you never had a contract stating that late fees would be added, hence you can not state this after the fact.

By the way, I think you think that you are going to file in Wisconsin. Since the defendant is in Texas, you should file there. Or if I understood wrong and the defendant is in Wisconsin, then do file in Wisconsin.

Good luck!

A$$ Saver aka…
Disclaimer:
I hope this is tidbit of fiction is helpful. I am not an attorney. Do not perceive this as legal advice. You should consult an attorney to answer your questions. Do not rely on this advice. Forget you ever read it. You are not a client. I am not an attorney. This is merely babble in the wind. Never use the advice as reasoning in court.

 

[moneyman]

Collections the easy way

Hi,
I could not help but note your collection efforts. There is an easier way and how I wish I would have used this prior to a problem with one former client. I bought a RETAIL membership in "Pre-Paid Legal"(monthly cost $16.00). I am sure you can find a person selling it where your are on you can buy it online. The Law firm I was refered to treated me like a King. They are on my past clients, who have not paid, sending two collection letters. If that does not work they will act as a collection firm. This cut down on the stress big time.