Falls Church, VA asked in Collections and Contracts for Virginia

Q: How do I collect a $16,000 debt from 2015-2016 first invoiced in 2018?

I did piece-work as a contractor for a Virginia corporation from 2015 to 2016 for which I was not paid. The total amount due is over $16,000. No written contract, but the work was well documented and the rate they pay was the same before and after the work I did. I sent them an invoice in February 2018. My fault I did not send it earlier - I did not realize until then that the amount due was so high, though I should have. They are ignoring me. Is there a statue of limitations that they can use not to pay me? Is there a route I can go to collect this money?

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2 Lawyer Answers

F. Paul Maloof

Answered
  • Alexandria, VA
  • Licensed in Virginia

A: The first step is to file a Warrant in Debt in Virginia. The defendants may have a defense of the statute of limitations f 3 years for oral contracts in Virginia. Once you have a judge award you a judgment, then you will need to collect it through the court procedures.

L. Ilaine Upton

Answered
  • Consumer Law Lawyer
  • Annandale, VA
  • Licensed in Virginia

A: The statute of limitations for an oral contract in Virginia is three years. For breach of contract, you can sue via a Warrant in Debt, but for a corporation, it is a bit tricky. You should talk to a lawyer to get this right, even if you decide to go it alone. You may be able to find someone to handle this on a contingency basis if the corporation has deep pockets.

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