If I’m an independent subcontractor, working as a medical transcriptionist, for a medical transcription service owner (MTSO), how can I collect my wages owed?

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If I’m an independent subcontractor, working as a medical transcriptionist, for a medical transcription service owner (MTSO), how can I collect my wages owed?

The MTSO is located in a different state that the one in which I live. I am due wages for work done in the amount of $2979 from work done 2-3 months ago. In addition, I am owed for work done last month in the amount of $1847. What is the process to sue and collect my wages?

Asked on November 2, 2015 under Employment Labor Law, Washington

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The process to sue is that you file a lawsuit and serve the summons and complaint on the defendant. Suing in a different state must be done in regular county court--you can't sue in small claims. Because you have to sue in regular county court and because properly serving papers on a defendant in another state is more difficult (and if the defendant is not properly served, the court has no power to hear the case), you ideally should have an attorney represent you--the problem is, the cost of an attorney will eat into the money you hope to get. You should call some attorneys to discuss the matter and see what they'd charge; if it's too much and you decide to act as your own attorney ("pro se"), make sure to get a copy of the court rules regarding out of state service of process and to read and understand them. You will also want to get a sample or template summons and complaint, but can most likely get those from your court.


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