What can I do if a company is not giving me my settlement check?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What can I do if a company is not giving me my settlement check?
A moving company that I used damaged my possessions. I filed a claim with the company and they offered me a settlement. The only stipulation in the settlement agreement was that I remove all negative online reviews. I took the settlement and I was informed a check would be mailed later that week. It’s now been 2 months and I have not received the check. I’ve been having difficulty contacting the company and when I do get a hold of someone I keep getting excuses as to why I have not received the check (i.e. the person who
sent out the check did not put enough postage on the envelope). I’m unsure what to do at this point. Can I still take legal action? Do I have other options beside taking them to court? As additional background, I filed the claim 8 months ago and received the offer 2 months ago. It’s my understanding that they are legally obligated to provide confirmation of the claim after 30 days did not happen and offer a resolution after 120 days also did not happen. This shows a certain pattern of behavior
Asked on January 16, 2019 under Business Law, Illinois
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Yes, you sue them (take them to court) for the money: the settlement was a contract, and so long as you did your part (honored your obligations), they were legally oblgated to do your part (pay you). Suing is the only way to get your money. You would sue them for "breach of contract"--violating the terms of the settlement. If possible (e.g. if they have an office in your country and the amount is under the small claims limit) you probably want to sue in small claims court, as your own attorney or "pro se," since that is usually the fastest and most cost-effective option.
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.