Online employer breached Freelance Contract

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Online employer breached Freelance Contract

Online employer breached Freelance Contract – On the very same day the
contract ended all communications ceased. I have an E-mail address and
a contract stating where the man lives and some other details of
which is signed and have a mountain of evidence for services provided.
I need some advice regarding the next steps towards getting the money
I’ve been working for.

– KR

Asked on May 30, 2017 under Employment Labor Law, Alaska

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If you have not been paid for work you did pursuant to a contract, your recourse--the way you get paid--is to sue the employer for "breach of contract," for the money which he owes you. That is the only way to get money owed you under a contract, unfortunately: lawsuits are how you recover money owed you under a contract. If he is local, this is simple: you could, for example, sue in small claims court as your own attorney, on a cost-effective basis. But if he is not local to you, you'd have to sue in "regular" court, which can be more costly, complex and slow. And you MUST  have a phsyical address to sue hm: the courts only have power ("jurisdiction") over a defendant if he can be properly "served" with physical copies of the court papers, either in person or sometimes by physical mail--but never by email or facsimile (court rules do not allow that). Therefore, if you do not have and cannot get a physical address for service "of process" (the court papers), you will not be able to sue.


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