How to file a case to collect a debt?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 12 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.
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.