How to file a case to collect a debt?

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How to file a case to collect a debt?

My boss hired my boyfriend and a couple of his family members to do do some landscaping and pool work at a couple of his newly purchased rental properties. He went on vacation and “forgot” to leave payment. He asked us to pay everyone and he would reimburse us when he got back. After many excuses, he wants us to accept an amount that is less than half of what we agreed upon. What should we do?

Asked on June 14, 2011 under Business Law, Nevada

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Probably the best way to collect this would be to file a claim--a lawsuit--in small claims court. Your boyfriend could represent himself (he doens't need a lawyer) and the filing fees are low. As a matter of law, if the work was done, your boyfriend is entitled to the agreed-upon money for performing it; in court, he'd have to be able to prove (for example,  with testimony, though documentation is better, if he has it) what the agreement was and that the work was done per the agreement. He should be able to find instructions, sample forms, etc. from your local small claims court, either online (the court website) or in person. He needs to be sure to follow the instructions *exactly*, since any deviation can force him to start over or even doom the case entirely. Good luck.


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