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Contractor Not Paid, What action can be taken?

Dealing with a class action? Discuss it here

Contractor Not Paid, What action can be taken?

Postby patwin87 » Thu Aug 02, 2012 11:10 am

I've recently done independent contract work, evaluating the services of a business (mystery shopping) in California for a company based in Utah. I contacted them once several weeks ago and have yet to be responded to. The work was performed mid-June. After performing the work, I come to find out that other people across the nation have also not been paid. Some, as far back as January. What steps can we take to recover our losses for the services performed. Some of us are owed a fee for the work in addition to reimbursement. I've been doing this kind of work for several years now and have never had this issue. So please, no irrelevant comments. I know how many scams opperate. This company opperates the same as any other, minus sending payment for monies owed.

What can be done? Would small claims be a way to go? If so, what state would it be filed in? How would we go about possibly filing a class action lawsuit? Any legal advise is appreciated. The General Attorney and Department of Labor in Utah have been of no help to others with the same issue
patwin87
 
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Contractor Not Paid, What action can be taken?

Postby fychan97 » Thu Aug 02, 2012 11:13 am

Yes, unfortunately independent freelance work always has the downside of the possibility of people shamelessly shying out of their payment.

I'm not a lawyer myself, but definitely find yourself a lawyer who ideally has worked such cases before. They will definitely be able to provide the most expertise in terms of the law itself, as well as your special circumstance.
fychan97
 
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Contractor Not Paid, What action can be taken?

Postby siuaghan » Thu Aug 02, 2012 11:24 am

Yes, unfortunately independent freelance work always has the downside of the possibility of people shamelessly shying out of their payment.

I'm not a lawyer myself, but definitely find yourself a lawyer who ideally has worked such cases before. They will definitely be able to provide the most expertise in terms of the law itself, as well as your special circumstance.
You could go to small claims court and get a judgment against them. Then you need to know where they have a bank account so you can garnishee their funds. This may be tough. Apparently you did not check their credit rating before you began work. If they are not collectible you can waste a great amount of money in court and attorney fees. Tough situation. You may have to chalk it up to experience.
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