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Legal advice, contract law, consulting, breach of contract

 
Left Brain
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User ID: 28588901
United States
01/15/2014 01:47 PM
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Legal advice, contract law, consulting, breach of contract
Hoping there are some attorneys here and/or business persons that could lend me some advice, point me in certain directions (other forum's, legal groups, etc), or just tell me to get over it, there is nothing I can do.

I was an independent consultant (Computer programmer) that had started operating as an LLC. Got a contract with a State University (same state as LLC) but through a "preferred" vendor from a different state (CA). I'm onsite, fulfilling the terms of the contract. I invoice vendor, vendor invoices client, client pays vendor, vendor pays me.

It's the "vendor pays me" that is the issue. Things went fairly well for the first few months, then payments started coming in later and later. Then a few bounced. Finally, the stopped all together. Eventually, I had to terminate my work with the client. Lawsuit was filed against vendor in the State/County where the client was located. I won the lawsuit with a settlement of the amount owed plus 10% interest until payment is made.

Well, winning the lawsuit and "collecting" are two different matters. The vendor has since "gone out of business". No bankruptcy, just not operating any longer. Several official letters were sent requesting payment.

I have since learned that I would have to have my lawsuit filed in CA in order to get the same ruling there before I could even start any means of collection.

Do I have any shot at seeing any of my money? At this point, I would take a settlement of less.

Thanks in advance.
Monarch1980

User ID: 53775234
United States
02/02/2014 10:41 PM
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Re: Legal advice, contract law, consulting, breach of contract
Hoping there are some attorneys here and/or business persons that could lend me some advice, point me in certain directions (other forum's, legal groups, etc), or just tell me to get over it, there is nothing I can do.

I was an independent consultant (Computer programmer) that had started operating as an LLC. Got a contract with a State University (same state as LLC) but through a "preferred" vendor from a different state (CA). I'm onsite, fulfilling the terms of the contract. I invoice vendor, vendor invoices client, client pays vendor, vendor pays me.

It's the "vendor pays me" that is the issue. Things went fairly well for the first few months, then payments started coming in later and later. Then a few bounced. Finally, the stopped all together. Eventually, I had to terminate my work with the client. Lawsuit was filed against vendor in the State/County where the client was located. I won the lawsuit with a settlement of the amount owed plus 10% interest until payment is made.

Well, winning the lawsuit and "collecting" are two different matters. The vendor has since "gone out of business". No bankruptcy, just not operating any longer. Several official letters were sent requesting payment.

I have since learned that I would have to have my lawsuit filed in CA in order to get the same ruling there before I could even start any means of collection.

Do I have any shot at seeing any of my money? At this point, I would take a settlement of less.

Thanks in advance.
 Quoting: Left Brain


I'm in court right now over a contract, which did not preform. They want payment, but did not execute the contract. Representing myself with a lawyer in the background looking over things. Our regular lawyers cost way to much.

You should have gone back to court with your judgement, to garnish bank accounts when you won your case. You will need to sue the person personally. Basically the LLC became a DBA. If she lives in Cali, yes you should sue her their. Otherwise it is hard to collect on the judgement.

I paid a programmer enough to buy his first home within a year. Next year I gave him money upfront, roughly 21k for the first two months of work. Anyway he ran with it. Said i'll pay you back another time. We didn't end up suing because it would have cost us more to sue. The programmer was in another State.

Instead we made him blacklisted with other company owners.

I'm sorry you are going through this. Always get some money upfront especially today.

Last Edited by Monarch1980 on 02/02/2014 10:43 PM
Monarch





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