What can I do if a company is not giving me my settlement check?

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What can I do if a company is not giving me my settlement check?

A moving company that I used damaged my possessions. I filed a claim with the company and they offered me a settlement. The only stipulation in the settlement agreement was that I remove all negative online reviews. I took the settlement and I was informed a check would be mailed later that week. It’s now been 2 months and I have not received the check. I’ve been having difficulty contacting the company and when I do get a hold of someone I keep getting excuses as to why I have not received the check (i.e. the person who

sent out the check did not put enough postage on the envelope). I’m unsure what to do at this point. Can I still take legal action? Do I have other options beside taking them to court? As additional background, I filed the claim 8 months ago and received the offer 2 months ago. It’s my understanding that they are legally obligated to provide confirmation of the claim after 30 days did not happen and offer a resolution after 120 days also did not happen. This shows a certain pattern of behavior

Asked on January 16, 2019 under Business Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Yes, you sue them (take them to court) for the money: the settlement was a contract, and so long as you did your part (honored your obligations), they were legally oblgated to do your part (pay you). Suing is the only way to get your money. You would sue them for "breach of contract"--violating the terms of the settlement. If possible (e.g. if they have an office in your country and the amount is under the small claims limit) you probably want to sue in small claims court, as your own attorney or "pro se," since that is usually the fastest and most cost-effective option.


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