San Diego, CA asked in Business Law, Contracts and Collections for California

Q: I am a consulting engineer and have a client with a nearly 40000 debt. We have a contract but he isn't paying. Input?

This person has paid about 40% of multiple other invoices over multiple years of off and on consulting from 2016-2019. His payments became less frequent and consistent. He repeatedly promises to pay then does not. This debt is under a contract and is now about two years old. I have attempted negotiations and he is not in my opinion of good faith. He has definitely now paid other people since my debt but recently has been taken to court a few times for failure to pay. It is a small company started in 2014. I am not sure what is the best course of action. I feel it may be time to have a discussion with a legal professional. It is a little complicated how he ended up with such a large debt to me. This is not my usual business practice. He has repeatedly promised to pay soon or 'next month' or that money is coming in soon but has not come through. He now has a CFO who after initially working on 'processing' the invoices became hostile unexpectedly when I asked a few simple questions.

1 Lawyer Answer
Leon Bayer
Leon Bayer
Answered
  • Consumer Law Lawyer
  • Long Beach, CA
  • Licensed in California

A: You need to decide, right now, if this justifies the expense of hiring a lawyer. Time is your enemy. The longer you wait you might lose the right to sue. Go see a lawyer or 2 and see what you will need to spend, and discuss whether a judgment in your favor will be collectable.

Gerald Barry Dorfman agrees with this answer

1 user found this answer helpful

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.