Legal Question in Credit and Debt Law in Alabama

former employer won't pay contractor

I worked as a freelance editor/writer for a website. I'm sorry to say there

was no official contract. My employment was terminated at the end of

July. I sent an invoice for the work I completed with a due date of

August 21. The employer didn't dispute the invoice, but has been

stalling on paying me ever since. I have e-mail proof that she agreed to

pay me. I have written to her charging her a late fee and threatening her

with legal action. She has ignored all my requests and invoices. She

owes me $1245 (without the late fee). I did my job as requested and

sent her all my completed work and all the documentation that she

asked for. Her answering machine says she's ''traveling on business

until November.'' What do I do now? Small claims court? Contact the

attorney general? Wait until enough time has passed for a collection

agency? Thank you.


Asked on 9/09/03, 2:52 am

1 Answer from Attorneys
Jon Lewis Lewis, Feldman, & Lehane, LLC

Re: former employer won't pay contractor

I would send one last letter via certified mail AND via regular mail (Keep a copy for your records and for evidence - especially the green return receipt card). In the letter, enclose your invoice and state that if you do not hear from her IN WRITING within ten (10) days from the date of the letter, you will presume that she agrees with the invoice and that she wishes for you to take more positive legal action. At that point, you will either need an attorney, or you will need to go to your local district court and file a small claims case for breach of contract, work and labor performed, open account, and account stated. If you can prove she never intended to pay you for your work, you could also include a claim for fraud.

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Answered on 9/09/03, 7:31 am


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