what type of lawyer for owed money too a business

Full Answer

What type of lawyer do you need for your business?

This type of lawyer has a hand in every legal discipline. If your business doesn’t deal with special circumstances, a general business lawyer may be well suited to your purposes. When considering this type of business lawyer, ask questions about various scenarios that could affect your business.

How can an attorney help you protect your business?

An attorney in this area of the law can help you draft employee manuals and ensure safety standards are in place. Some of the employment aspects that could affect your business are wrongful terminations, workplace discrimination, and sexual harassment. This isn’t a complete list, which is why this type of lawyer can keep your business protected.

What to do if you owe money to a company?

Before you panic, call or meet with a business law attorney. Getting the money you owe may be easier than you think. A business law attorney will look over any contracts, bills and statements you have. Even if you only have emails the attorney will read those as well. A Demand Letter can be drafted and sent to the person or company.

Can a lawyer file a lawsuit if someone owes you money?

This is common and does not involve your attorney ever having to file a lawsuit. However, if the business or person that owes you money either ignores the letter, or claims that they do not owe you money, an experienced business law attorney can take the next steps on your behalf.

What is a civil litigation attorney?

Can a lawyer do collections?

About this website

How do I collect money that is owed to my business?

What follows are some more helpful hints for small business debt collection:Avoid harassing the people that owe you money. ... Keep phone calls short. ... Write letters. ... Get a collection agency to write demand letters. ... Offer to settle for less than is due. ... Hire a collection agency. ... Small claims court. ... File a lawsuit.

What do you do when a company owes you money?

First, you need to submit a claim through WHD (more on this below) and wait for WHD to investigate the claim. They will decide if the claim is valid and submit a legal order for your employer to pay what you are owed. This is a common remedy for wage violations.

What can you do if someone won't pay you back?

What to Do When Someone Doesn't Pay You BackGive gentle reminders. People are busy, and sometimes they forget about the money they owe. ... Renegotiate payment terms. ... Have them pay you with something else. ... Get collateral. ... Offer to help with financial planning. ... Ask to use their credit card.

Can you sue a company for not giving you what you paid for?

The answer to the question, “Can you sue a company for not paying wages” is yes for both unpaid wages and the interest charged on unpaid wages as established by state law. You might also qualify for liquidated damages, which is a federally established form of compensation that you receive instead of interest.

How do you take legal action against a company for non payment?

Here are the steps to suing for non-payment of services:Send a Final Demand for Payment. Before taking any formal legal action, it's a good idea to send a final demand for payment to the client. ... Assess How Much You're Owed. ... Get Legal Advice. ... Consider Small Claims Court. ... Consider A Civil Lawsuit.

What happens when a company doesn't pay you?

When an employer fails to pay an employee the applicable minimum wage or the agreed wage for all hours worked, the employee has a legal claim for damages against the employer. To recover the unpaid wages, the employee can either bring a lawsuit in court or file an administrative claim with the state's labor department.

How do you force someone to pay you back?

Tips on getting your money backGive gentle Reminders. When approaching the topic of collecting the payments from your friend or relative, try to be firm, yet straightforward. ... Express Urgency. ... Ask for updates. ... Add deadlines. ... Offer Payment Installments. ... Bartering. ... Drinks on them! ... Taking Legal Action.

Can you go to the police if someone owes you money?

If someone owes you money can you go to the police? There used to be only one option – the traditional litigated process. The Courts encourage companies to negotiate a settlement before beginning legal proceedings.

Can you take someone to court if they owe you money?

To win a case, you need to have some evidence that your friend owes you money. This doesn't have to be a written legal contract, with witnesses etc. Suing someone for money is a civil case and the judge will decide who wins “on the balance of probabilities”, looking at whose story seems most likely.

How do I sue a company?

Steps to Suing a CompanyDetermine who it is you want to sue. You need to find out if it is a business, an individual, or both.Determine the correct jurisdiction. ... Draft a demand letter. ... Fill up the court forms and register with the court. ... Receive your court date.Serve documents to the defendant via mail.

What is it called when you pay for a service and don't receive it?

Payment in Lieu of Remuneration.

What is a civil litigation attorney?

A civil litigation attorney or commercial litigation attorney would typically have the experience necessary to sue the person (litigate) in the necessary court, if settlement or other negotiations can't be worked out prior to filing the suit.

Can a lawyer do collections?

A collections lawyer can do it. A lawyer who does collections litigation can do it. I do not do collections work. but there are many in town who do. You can call the Virginia Lawyer Referral Service for a name.

What Qualifies as a Secured Transaction?

However, if the debt in question is a loan or an installment payment plan, it may be the case that this qualifies as a ‘secured transaction’.

Hiring a Debt Collection Lawyer

If your debt collection letters and calls are not effective, you also have the right to take legal action. Hiring a debt collection lawyer can potentially help you avoid having to go to court to collect in the first place.

Speak with a LegalShield Lawyer Today

Outstanding invoicing is a concern for any business, and particularly for those without the budget to withstand the loss of income that should otherwise be there. Fortunately, you have rights and options when it comes to collecting on debt to ensure that you get what you’re owed, even if you have to go to court.

What is a business lawyer?

Also known as corporate lawyers, business lawyers are legal eagles who cover a more full range of expertise in building, managing, maintaining, transferring and dissolving a business. Lawyers in this area of practice deal with the formation of the company, employment contracts, tax compliance, acquisitions, and mergers.

What do lawyers do?

Different types of lawyers specialize in different areas of law. Some lawyers mostly do the work outside of the courtroom, such as drafting contracts and wills, preparing documents to comply with a process, negotiating deals, and advising clients on a legal problem. There are also lawyers who present cases in court or litigations ...

What is a family lawyer?

Family Lawyers. These are lawyers who handle all kinds of domestic cases, such as divorce, legal separation, child custody, adoption, paternity, alimony, prenuptial or postnuptial agreements, and emancipation. But family attorneys may also handle reproductive rights cases, and their work may intersect with other areas of the law.

Why do we need malpractice lawyers?

Since these are professions that ascribe to a set of standards , they have greater professional responsibilities that may be challenged in the courtroom or in litigation.

What is a real estate lawyer?

Real estate lawyers provide legal guidance for individuals or companies seeking to buy or sell a property. They work with their clients and the real estate agents to draft documents and ensure that the paperwork is legally binding. They may also negotiate for the buyer or seller, or represent a property owner during a foreclosure dispute.

What kind of lawyer handles reproductive rights?

But family attorneys may also handle reproductive rights cases, and their work may intersect with other areas of the law. For instance, if there’s a criminal investigation of child abuse or a domestic violence case, or if there’s a juvenile delinquency case, a family lawyer may also work with a criminal lawyer. 3. Estate Planning Lawyers.

What do IP lawyers need to know?

They need to have expert knowledge in both business and innovation trends. IP lawyers may also negotiate settlements on behalf of the creator or inventor if someone has infringed on their work, such as in cases where branded goods are faked and sold for a lower price in the market.

What can I do with a business law attorney?

By hiring a business law attorney, you can take a deep breath and relax, knowing that your attorney is working on your case, representing you and using every method available to get you the money you are owed. This way you can go back to concentrating on running your business.

What does a business law attorney look for in a demand letter?

A business law attorney will look over any contracts, bills and statements you have. Even if you only have emails the attorney will read those as well. A Demand Letter can be drafted and sent to the person or company. The type of letter sent depends on who owes you money.

What does a letter from an attorney do?

Often the letter itself, coming from an attorney’s office, will make the other party see that you are serious in obtaining what you are owed. Often this opens a dialogue between your attorney and the other party, leading to negotiations that are in your favor.

Can an attorney file a lawsuit?

The attorney can file a lawsuit, forcing the party to answer to your claims of money owed. Often at this stage the other party is willing to pay or settle, as they see that you are serious about collecting the money owed.

Who is Matthew Fornaro?

Matthew Fornaro, P.A. provides comprehensive business law services to individuals, companies, and businesses in Coral Springs, Parkland, and throughout Broward County. We encourage you to contact our law firm to speak with an experienced business law attorney

Can a business attorney file a lawsuit against a business that owes you money?

This is common and does not involve your attorney ever having to file a lawsuit. However, if the business or person that owes you money either ignores the letter, or claims that they do not owe you money, an experienced business law attorney can take the next steps on your behalf.

What do bankruptcy lawyers do?

Bankruptcy lawyers will advise clients on eligibility, various options, types of bankruptcy and what would work best for that individual’s specific circumstances . They will also proffer possible alternatives to bankruptcy that might be worth exploring.

What is the difference between a criminal lawyer and a corporate lawyer?

Criminal lawyers will spend more time on paperwork and legwork than delivering Oscar-worthy performances in the courtroom. 2. Corporate Lawyer . Corporate attorneys are critical to owning and operating a corporation.

Why do young people go to law school?

This role not only prosecutes or defends defendants who have been charged with a crime, but it also entails a strong acumen of arraignment, arrest, bail, plea agreements and a whole host of issues pertaining to the criminal trial.

What is the most depressing branch of the legal profession?

One of the more depressing branches of the legal profession is possibly family law. You see couples that once loved each other engage in bitter divorce proceedings. You witness children being used as pawns and their hearts being broken. You see siblings go to war for a piece of property.

What does a tax law expert do?

In addition, a tax law expert will have a number of other daily tasks, including: evaluating intricate tax matters. talking and negotiating with the government. maintaining confidential tax records for clients. staying up to date on both important and mundane tax issues.

What does a real estate attorney do?

A real estate attorney works with clients to review appraisals, prepare inspections, draft leases, complete purchase agreements, obtain financial agreements and sign deeds. Typically, anything that is associated with your house, besides a mortgage, demands the attention of a real estate lawyer. 10. Bankruptcy Lawyer.

What is the role of an intellectual property lawyer?

While not exactly one of the sexiest types of lawyer, the primary role of an intellectual property lawyer is to establish and protect IP. Legal professionals will counsel their clients and handle issues pertaining to the following: distribution.

What happens if your business doesn't cause environmental problems?

An environmental issue arises and your business is involved (even if your business didn't cause the environmental problem, you may be penalized) Negotiating for the sale or your company or for the acquisition of another company or its assets.

Do you need legal help when it's too late?

But when you do, it's good to know where to find the right one. And -- more to the point -- you may not know you need legal help until it's too late, as attorneys can help you stay in compliance with the law and spot developing legal issues early.

Money Threshold for Small Claims Court

Check your state's small claims case money limit first before considering legal action. You can search for the terms " [your state] money owe small claims court" or " [your state] money claims conciliation court." Look for a .gov website with an answer, or call a small claims court attorney with questions.

Small Claims Judgment 101

Small claims court exists to give two or more parties a place to state their side of the story. However, you should carefully consider if suing someone is the right course of action.

Owing Money: Legal Definition

There are some guidelines you need to follow to sue someone for owed money. You obviously can't gift someone money and one day decide you want it back. You also can't loan someone money but never tell them you expect to be paid back.

Suing Someone for Loans or Debts 101

To show your case in the best possible light, it is a good idea to try other methods of debt collection first. Be sure to ask for the money — preferably in writing — so there is a record of your attempts. This is called a " demand letter ."

Step 1: Filing Your Complaint and Paying Filing Fees

First, check the thresholds for the amount of money you are requesting and the correct court to file in. If the amount is too small or too large, you won't be able to file in small claims court.

Step 2: Serving the Lawsuit and Court Dates

The fee you paid may go toward a court official " serving " the case. This means they will find the person who owes money (the "defendant") and give them official notice that they are being sued by you (the "litigant"). You might also be able to serve the defendant yourself through certified mail.

Step 3: Attend Court Hearing

Be on time for your court date. You can expect the court hearing to be quick — typically around 15 minutes total. If you are nervous about what goes on during a hearing, you can sit in on small claims court cases in advance.

What to do if someone owes you money and won't pay it?

If someone owes you money and won't pay up, you might consider filing a lawsuit to have a judge order them to pay it. However, you should keep in mind that filing a lawsuit – even in small claims court – can be a lot more complicated than it might appear in daytime television shows such as People's Court. Beyond that, a court's order only gives you ...

Where do you sue a person who owes you money?

If the person owes you money under a written contract, you want to sue either in the county where the contract was signed, or where most of the work under the contract was performed.

What to do if someone refuses to pay you?

If someone owes you money but refuses to pay, you might have to file a lawsuit to have a judge order them to pay . Start by gathering your evidence, including written contracts, any proof of a loan, or receipts for initial payments on monies owed.

How much does it cost to file a small claims lawsuit?

This fee will vary depending on the court in which you file. If you file in small claims, the fee may be under $100, but you can expect to pay several hundred dollars to file a regular civil court lawsuit. If you can't afford to pay the filing fees, you may be able to fill out an application to have the fees waived.

How long do you have to sue for a written contract?

Typically you have much longer, as much as 10 years, to file suit regarding a written contract. However, you must sue to enforce an oral contract within one or two years. This time period begins from the date the contract – whether written or oral – was broken.

What to do if you don't want to testify in court?

If they don't want to appear in court, you typically have the option of having the court issue a subpoena that will force your witnesses to appear.

What to do if you loan someone money?

If you loaned someone money, be prepared that he or she may try to claim that the money was a gift rather than a loan. Any proof you may have that it was in fact a loan will go a long way. For example, suppose you loaned a friend $1,000 to get repairs done on his car.

What is a civil litigation attorney?

A civil litigation attorney or commercial litigation attorney would typically have the experience necessary to sue the person (litigate) in the necessary court, if settlement or other negotiations can't be worked out prior to filing the suit.

Can a lawyer do collections?

A collections lawyer can do it. A lawyer who does collections litigation can do it. I do not do collections work. but there are many in town who do. You can call the Virginia Lawyer Referral Service for a name.