If a contractor owes our company over 60k in unpaid funds, what can I do to try to collect payment?
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If a contractor owes our company over 60k in unpaid funds, what can I do to try to collect payment?
These are for different jobs in different localities but in the same state.
Asked on December 16, 2015 under Business Law, Virginia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
You sue them: that's how you collect money from someone who owes you money but does not pay. You'd sue for breach of contract (violating the agreement, even if an oral/unwritten one, to pay you). If your company is an LLC or corporation, you'll need an attorney to represent you (a non-lawyer can't represent an LLC or corporaton), so you should speak with an attorney (a litigator: someone who handles lawsuits), who will know in which court to sue, how best to sue, etc. and who will draft and file the complaint (document starting the lawsuit). Even if you are a sole proprietorship ("d/b/a/") and so *could* represent yourself (in a sole proprietorship, you and the company are one and the same), you are advised to let an attorney handle this for you.
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