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How can I collect about $10,000 from a General Contractor that I sub-contracted for in 2016-2017?

8 months ago

I performed the work perfectly and even saved their ass a few times, and the final payment was due sometime in 2017, however, I got arrested on another unrelated matter. Now, I am out of prison (3 years later) they understand that there is an outstanding balance on their books, but they stopped taking my calls or certified letters.

What can I do ?

Regards,

Kevin

Senior Legal Associate Levelset
472 reviews

When significant time passes after payment is owed but unpaid, some recovery options may fall by the wayside – such as mechanics liens. However, at least for breach of contract claims in New York, it appears that the timeframe for making such a claim is generally longer than just a few years. Rather, for oral and written contracts, the statute of limitations won’t expire until 6 years after the breach of contract.

When a customer isn’t respecting or even listening to demands for payment, it may be time to bring in an attorney. When demands are made via attorney, customers tend to take the demand a little more seriously. What’s more, moving forward and bringing a claim against them might be a worthwhile option too (though, it’s usually good form to at least first demand payment before pursuing a claim). So, filing a lawsuit may be an option. Further, depending on the size of the claim, pursuing the debt in small claims court may be an option for streamlining things, too.

Disclaimer: The information presented here is not legal advice and should not be construed as such. Rather, this content is provided for informational purposes. Do not act on this information as if it is advice. Further, this post does not create any attorney-client relationship. If you do need legal advice, seek the help of a local attorney.
1 found this helpful
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Anonymous

Thank you for the information, it was what I was thinking, but was unsure about the time frame. Question, would I have to file the small claim in the county I was doing business, or can I file anywhere in New York State ? I am currently living about 5 hours from New York at this time.

Thank you for your help! I have been in business for over 33 years, and this is the first time I had to be involved in this. I don’t have the original or a copy of the contract, but of course, there was one for considerably more then what is outstanding….they made payments on time while the project was in progress.

Regards,

Kevin

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