What to do if an out of state contractor is not paying in full for hours worked?

UPDATED: Nov 17, 2011

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What to do if an out of state contractor is not paying in full for hours worked?

This was a temp to hire offer. At the time the job was finished, I was promised in writing through e-mail communication that I would be paid the balance, I have yet to receive payment, 47 days later. Which county and what type of claim doI file for – in the county I which I live, did the work or where the company is located; small claims or a mechanics lien?

Asked on November 17, 2011 under Employment Labor Law, Florida


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You can sue the employer/contractor for breach of contract (the employment agreement).  A lawsuit can be filed where the plaintiff resides or where the defendant resides or where the claim arose.  You are the plaintiff.  The employer/contractor is the defendant.  Depending on the amount you are owed, you may be able to file your lawsuit in Small Claims Court.  For convenience purposes such as filing documents with the court and court appearances, it would be advisable to file your lawsuit with the court where you live.  Your damages (the amount you are seeking to recover in your lawsuit) should include the amount you are owed plus court costs.  Court costs would include the court filing fee and process server fee.  You can have a process server in or near the city where the employer/contractor is located serve the summons and complaint (complaint is the lawsuit attached to the summons) on the employer/contractor.  You can find process servers in the Yellow Pages under attorney services or online.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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