What to do if an out of state contractor is not paying in full for hours worked?

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What to do if an out of state contractor is not paying in full for hours worked?

This was a temp to hire offer. At the time the job was finished, I was promised in writing through e-mail communication that I would be paid the balance, I have yet to receive payment, 47 days later. Which county and what type of claim doI file for – in the county I which I live, did the work or where the company is located; small claims or a mechanics lien?

Asked on November 17, 2011 under Employment Labor Law, Florida

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You can sue the employer/contractor for breach of contract (the employment agreement).  A lawsuit can be filed where the plaintiff resides or where the defendant resides or where the claim arose.  You are the plaintiff.  The employer/contractor is the defendant.  Depending on the amount you are owed, you may be able to file your lawsuit in Small Claims Court.  For convenience purposes such as filing documents with the court and court appearances, it would be advisable to file your lawsuit with the court where you live.  Your damages (the amount you are seeking to recover in your lawsuit) should include the amount you are owed plus court costs.  Court costs would include the court filing fee and process server fee.  You can have a process server in or near the city where the employer/contractor is located serve the summons and complaint (complaint is the lawsuit attached to the summons) on the employer/contractor.  You can find process servers in the Yellow Pages under attorney services or online.


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