Legal Question in Business Law in Virginia

Non Payment of Commission owed.

I am a licensed Travel agent, working for a Incorpaorated Travel Agency in Ohio. We have a written ''contract'' from a VA. wholeseller for a group of clients we are escorting to Europe which states the amount of commission I will receive is $5362.60. They sent a check payable to my company. for the exact amount, unfortunitely, they didn't sign it. When I asked for a replacement ''valid'' check, they told me that they decided to refund the amount of money I paid them for my travel with the group I was taking, and therefore credited my personal CC for $3982, and they didn't think they owe my company any additional amount. All demands have been ignored todate for full payment. Is the fact that they credited my personal cc without my authority legal? Again the money is owed to the company. Two, what steps should I take to collect the balance owed?

Asked on 11/14/08, 9:25 am

1 Answer from Attorneys

James Flaherty James G. Flaherty Co., L.P.A.
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Re: Non Payment of Commission owed.

You may be able to sue on the contract in Virginia but in any case, you could in Ohio. I would contact an attorney that does collection work in that city in Ohio as the travel agency is in Ohio. It sounds like refunding you your travel expenses may have been part of your deal? If so, that would not relieve them of paying your commission. If you owed them for your travel, they would still owe you the difference.

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11/14/08, 4:15 pm

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