What to do if I’ve been working freelance for a company the past 5 years but quit 7 months ago because of their habitual delay in paying my invoices?

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What to do if I’ve been working freelance for a company the past 5 years but quit 7 months ago because of their habitual delay in paying my invoices?

I found another source of income so I delayed sending in my last invoices, so they could catch up with their finances. About 5 months ago I submitted my last invoice for the work I did from 7-9 monthes ago. They currently owe me $2,572.50 and there is no dispute between us about that figure. I have been emailing them every week the past 4 months asking when I can expect a payment and they continually make excuses or false promises. I will email them on Monday and they say they will pay me by Friday; Friday comes and they say they will bay me by Monday; Monday comes and they say they will pay me…

Asked on December 5, 2012 under Employment Labor Law, New York

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Simply put, you need to immediately file suit because you do not want to wait and lose out due to a technical error like the statute of limitations. At this point, if you were a 1099 contractor and the company obviously breached its contract with you, you need to do what you can to get it back. A lawsuit will begin the process and then the end of the process will be attachment. You need to make sure, however, you not only sue the company but the individual owners and executive officers, as well.


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