What is my best option for being stiffed on my pay?

UPDATED: Sep 30, 2022

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What is my best option for being stiffed on my pay?

I was a subcontractor and the guy who owns the company I subcontracted with has stiffed me on my pay; I never got it. I was told that it would be best to

sue him and his company. For the money he owes me. What is the best option for that cause I stopped working for the guy after he wasn’t paying up so the

amount is only enough for small claims court.

Asked on March 12, 2016 under Business Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You have identified the best option: sue him in small claims court, acting as your own attorney ("pro se") to minimize costs--you should only have the filing fee to pay. Small claims cases move more quickly than other cases, so you will get a relatively quick resolution. You would sue based on two grounds: first, breach of contract (violaton of the agreement, even if it was only an oral one, under which you performed work in exchange for compensation); and second, unjust enrichment, or that the person who hired you should not be able to get the benefit of your work without paying for it.

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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