Legal Question in Credit and Debt Law in New York

I run a software development company, LLC registered in Maryland. I have unpaid invoices $9000 total to a company based in New York. The project is done, I have all the contracts, email chains, working product. The problem was that the team that worked with me when we started is no longer with the company, and COO that i'm dealing with now doesn't want to pay, he was suggesting $3000, I was asking for at least $6000 to settle this. I applied for small claims court for $5000 (because that's the limit), which first time they asked for another sessions (were not ready), the next time I had to cancel the claim because as we found out I can't sue them in small claims court because my business is not New York based. If I was dealing with the client as an individual it wouldn't matter and I could sue them in small claims, but for businesses it's apparently different.

I dealt with the lawyer who was representing their company. What's ironic, the guy actually agrees that the company owns me but he has to represent their company anyways, he said that I could take this to the higher level court but I'd need to pay for a lawyer, but what I could do is to pay a bit upfront and then percentage from the money (say 1/3) if the case wins. What's you advice in the current situation? New Yorker advice would be most helpful. Should I go to the court, what would be the best way to find a lawyer then. Or should I say it's a business loss. Thanks

Asked on 10/12/11, 5:30 pm

3 Answers from Attorneys

Michael Green Law Offices of Michael B. Green, Esq.

I can help you and will only charge you a percentage of what we collect from them. I specialize in IT law and claims and have been quite successful. Please call me at 516 993 4357 or e-mail me at michaelgreenesq AT gmail DOT com

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Answered on 10/12/11, 6:15 pm
Tanya Gendelman Law Offices of Tanya Gendelman, P.C.

I think you are better off taking the offer to settle this matter for $3,000, otherwise, you may end up spending more money and time; even if you win in Court, you may still have a difficult time collecting the entire amount.

Best Regards,

Tanya Gendelman, Esq.

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Answered on 10/12/11, 6:16 pm
Michael Markowitz Michael A. Markowitz, PC

Obviously more information is needed to properly answer your question. Any attorney would need the name of your client, copy of any contract or invoices submitted, and correspondence between your company and the client before determining whether you should file a claim or settle.


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Answered on 10/13/11, 5:43 am

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