What are my options to collect monies owed to me for work done for a company?

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What are my options to collect monies owed to me for work done for a company?

I did some construction work for a company that claimed to have filed for bankruptcy. However I have learned that they are still in business. I am being told that they are not paying out on any invoices until summer months. How can I claim my owed amount?

Asked on February 2, 2011 under Business Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Your only option may be to sue them, unfortunately--there is no other mechanism or procedure for recovering which someone did not pay pursuant to a contract, such as to an independent contractor or freelancer. (Given that you are invoicing them, I presume you were a contractor of some kind.) If you had been an employee and were not paid wages, you might be able to file a claim with the state labor department; however, the labor dept. will not act on behalf of contractors, only employees. Therefore, you need to consider whether it's worth filing a lawsuit, though if the amount is underneath the threshold for small claims court, you could file a small claims case and represent yourself (i.e. not need to hire an attorney).


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