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?
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.
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!
Justia disclaimers below, incorporated herein.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.