Online merchant won't pay up

[Joeinva]

What is the name of your state?I live in Virginia and have a website that sends traffic to a merchant in Massachusetts. If the traffic buys from the merchant's site, I make a commission. The merchant has not paid several quarters worth of commissions now, citing various business problems. Yet they stay in business and still take/fulfill orders. I have been patient enough waiting for payment and now the merchant will not return my calls or e-mails. The amount owed to me is $1 to $2K. Can I take the merchant to small claims court in Virginia or do I have to go the merchants state? I want my money but hiring a laywer would probably cost as much as I'm owed. I'd appreciate any help/information/suggestions.

 

[divgradcurl]

Can I take the merchant to small claims court in Virginia or do I have to go the merchants state?

Merchant's state.

 

[BelizeBreeze]

Hey Div(A), not getting paid by the word?

 

[Joeinva]

If I want to pursue a small claims case against the merchant, do I have to go to Massachusetts to file the paperwork or can I mail it in?

Can I claim my travel expenses as part of the small claims case? How about interest on what I am owed?

What happens after I win? Will the merchant have to pay the judegment right then and there? What if the merchant can't pay?

 

[divgradcurl]

If I want to pursue a small claims case against the merchant, do I have to go to Massachusetts to file the paperwork or can I mail it in?

Check with the clerk of the court in the county in which the merchant is in. They may allow you to submit the paperwork by mail.

Can I claim my travel expenses as part of the small claims case?

No. These costs, along with lost wages from attending court, etc., are NOT recoverable.

How about interest on what I am owed?

You should be able to recover interest, based on the statutory interest rate that court uses.

What happens after I win? Will the merchant have to pay the judegment right then and there?

No. The defendant who loses has some time to pay -- he won't have to pay up right then and there, although I suppose he could, if he wanted to.

What if the merchant can't pay?

Can't pay, or won't pay? If he can't pay, well, you can't get blood from a stone, as they say. However, the judgment will hang over his head, and if he ever gets money down the road, you can collect then.

The judgment is not self-enforcing -- that is' the court is going to order him to pay up if he loses, but it is up to YOU to make sure that happens. If he doesn't pay up, you may be able togarnish his wages, or put a lien on his property, etc. Again, the clerk of the court can give you that information.

 

[Joeinva]

Would it be cost-effective to hire a lawyer near the merchant? I was thinking the lawyer could send them a letter whcih might get things paid. What would a low-cost lawyer charge for this?

 

[I AM ALWAYS LIABLE]

Would it be cost-effective to hire a lawyer near the merchant? I was thinking the lawyer could send them a letter whcih might get things paid. What would a low-cost lawyer charge for this?

My response:

Sorry. We only deal with "high cost" attorneys on this website. Look under "Low cost attorneys" in your Yellow Pages.

IAAL