Legal Question in Business Law in California

Unpaid invoice being ignored

I'm wondering how my company goes about making a company, with an outstanding invoice, pay us. We sold a machine to a third party with the middle man (second party) handling the payment. We were paid half up front and know that the entire amount was paid to the middle man from the third party. Multiple phone calls have been made to the middle man to no avail. The machine was picked up sixty days ago by an independent trucking company with the remaining funds to be paid with two weeks so sixty days later we're still waiting. What avenue do we need to take to make them pay up?

Thank you!


Asked on 4/30/04, 6:57 pm

6 Answers from Attorneys

Larry Rothman Larry Rothman & Associates

Re: Unpaid invoice being ignored

I suggest that a demand letter be written. If payment is not made in 10 days, you should file a law suit. If the amount is less than $5,000, you should sue in small claims court. Over that amount, we can help you. Please call us at 714 363 0220.

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Answered on 5/02/04, 2:59 pm
Joel Selik www.SelikLaw.com

Re: Unpaid invoice being ignored

sue.

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Answered on 5/01/04, 2:40 pm
Robert Liskey Tyler & Wilson

Re: Unpaid invoice being ignored

This is essentially a collections case. If you utilized a law firm, the first step would be a demand letter. The next step typically, assuming the demand went unheeded, would be to file suit. Depending upon the value of the machine, you can try handling it yourself, or, you could utilize a firm experienced in these types of matters. My firm does this type of work, and would be happy to help. Feel free to call me if you like.

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Answered on 4/30/04, 7:02 pm
Christopher M. Brainard, Esq. C. M. Brainard & Associates - (310) 266-4115

Re: Unpaid invoice being ignored

Well, the best thing to do is hire an attorney. Do you have a contract? UCC requires a contract with goods over $500. However, it appears as though you have performed -- i.e., delivered the goods -- and that means you are entitled to payment. If you hired me, I would send a demand letter with a 10 day cut-off and then file suit for breach of contract for damages in the amount of money owed. I offer you a free consultation. Yours truly...

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Answered on 4/30/04, 7:34 pm
Matthew Mickelson Law Offices of Matthew C. Mickelson

Re: Unpaid invoice being ignored

This is a collection matter, and it would be best (if there is a lot of money involved) to have a law firm handle it. One thing you might think about when deciding upon one is whether the firm has experience in post-judgment collection -- you can win a lawsuit, but then you have to go and seize the property or money of the losing party to satisfy your judgment. I do a lot of that sort of thing, and if you have any questions about it, feel free to call me.

Matthew Mickelson

Mickelson & Mickelson

16055 Ventura Blvd., Suite 1230

Encino, CA 91436

818-382-3360

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Answered on 4/30/04, 8:46 pm
Michael Olden Law Offices of Michael A. Olden

Re: Unpaid invoice being ignored

Courthouse Avenue. If it's under $5000 small claims. If it's over $5000 higher in attorney. If you of a contract that hasn't attorney fee clause you may get something painted toward your attorney's fees. The only problem is bankruptcy yes, after you go through all of this he goes bankrupt. If he doesn't you'll have to "look for" assets to execute upon. Why would you have the middleman in this situation. Basically if you sell the machine have all payments made directly to you. A lesson well learned. It seems you need a lot of business advice, from start to finish.I have been practicing law in this legal area for over 30 years and understand your problem well. I practice in the S.F. Bay Area and if you wish to contact me call at 925-945-6000.

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Answered on 4/30/04, 11:27 pm


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