A former sub contractor sent emails to our customers: (I blanked out names) I regret to inform you as of March 1, 2021, D--- R--- [G-- K---] has not paid the commissions owed to me $4300.00. (20% of net). I visited the recorders office on December 14th, 2020 in anticipation of this exact issue. I wanted to advise you that If I don't receive my commission in full by March 5th 2021, I'll have no choice but to send this through the county recorders office. Due to time constraints for filing. I sincerely apologize, I find myself in this situation and I'm given no other course of action. Mr. ----, of Disaster Relief has refused to pay me the commissions owed. (end) The sub contractor also CCed a fake email of a legitimate law office. On top of that I contacted the records office and was told there are no pending liens that they could find for those customers. What can I do to protect my company and customers? Also if it's easier I could call you to discuss this in greater detail.
He was paid via 1099 not w-2 so he is definately a subconteractor. We also have draw and payment logs showing we paid him what he is owed.
One last question I can think of. If I send the customers a Unconditional Waiver and Release to Claim Against The Payment Bond Upon Final Payment document will that stop the subcontractor and protect my customers?