What steps can I take to collect?

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What steps can I take to collect?

I run a recruitment business out of Indiana. In November, I placed a Director of Nursing with a nursing home in Wisconsin. The pay terms with 30 business days after they start with the sum being $18,000. As of today, 3/11/2018, I’ve received only $2,000 of the due payment. The company has simply stated the 2K was of

Asked on March 11, 2018 under Business Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, based on what you write, you appear to have a viable case: there was an agreement that they would pay you a certain sum for the placement; you performed as agreed; since you performed, they are not reciprocally and contractually required to perform their obliations, too, and pay you. The only way to collect is by suing (for "breach of contract," or violating their agreement). You can hire a local (WI) attorney to do most of the work for you; if the case does not settle, you would have to appear for trial, but if it does settle ahead of time, you'd likely not have to go to WI. 
Bear in mind that even if you win, you can't collect if there is no money: if they are not lying but are in financial distress and become insolvent or go out of business, even if you sue and win, you might not receive compensation.


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