Sanford, FL asked in Employment Law and Business Law for California

Q: vendor not releasing payments from past few months and what should I do?

We have been waiting from past few months for payments from vendor, they are asking ask for settlement but we are decided to file a petition in court? What steps need to be taken and how long will my petition will take?

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3 Lawyer Answers

A: Probably 3-6 months, depending on many variables.

Neil Pedersen
Neil Pedersen
Answered
  • Westminster, CA
  • Licensed in California

A: It depends on how much is involved in this dispute.

If the amount in controversy is $10,000 or less you can proceed through small claims court and probably get a judgment in a matter of months, once the courts open back up.

If the amount is greater than $10.000 then you will have to proceed to superior court. At this point that process could take many months or maybe far more than a year if your matter would need to involve a jury.

It would be wise for you to get a confidential consultation with an experienced business law attorney to discuss the specifics of your case and to determine the correct strategy given the current problems the courts are having with the pandemic. Settlement might be a viable option is you can create the right leverage.

Good luck to you.

Maurice Mandel II
Maurice Mandel II
Answered
  • Newport Beach, CA
  • Licensed in California

A: Terminology is very important. You "petition" to divorce your wife, but you file a "complaint" or "litigation" to recover money from a third party. If you are speaking about suing someone who purchased goods from you, then YOU are the Vendor (and the Plaintiff in the lawsuit to get paid) AND this is not an "employment law" question, it is a business law or Civil litigation question. UNLESS things are very different in Florida, in which case why are you posting in California? We are on the other coast, and have different laws and customs!

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