Thank you for sharing this invaluable info.

You go girl.

Thank you so much, honey. I do appreciate the offer. –aag

I’m in law school, and while my real world experience is quite limited, J really hit the nail on the head with her advice. A local law school will probably be able to give you free legal counsel, or at the very least, any local library will likely have resources on basic civil procedures.

Sooo many good things can come out of your court dates.

When I worked as an independent contractor, I encountered a similar situation with a client who owed me a substantial sum. Based on that experience, I think J’s comment succinctly outlines your next step(s) in this dispute. A business agreement or letter of understanding signed by both parties usually specifies where disputes will be adjudicated, your state or that of the other party.

If I don’t hold firm, I encourage him to play these same games with every other person who ends up working for him in the future. I’d prefer that this not happen.*

I disagree, aag.

As one client said to me, “If you are serious about success, you can’t afford the luxury of a grudge.” Your reputation in business rests upon your ability to form and maintain good working relationships. All business transactions are subject to misunderstanding. That’s why we have small claim courts. A written business agreement cannot cover all possible areas of dispute.

As for pursuing this claim to discourage the other party from “playing games” — here you are confusing a business transaction with advocacy for social justice. I think both you and your former business client have learned from this experience. So cut your losses now. J’s suggestion that this is an opportune time for both parties to consider a settlement offer is sound advice.

If I could offer a moral to this story, as in the famous Fractured Fairy Tales, it would be this:

Hold firm in bed. Be flexible in business.

Know that I wish you the best.

It sounds like your main problem is that you may have sued the wrong entity – you probably should have sued the compnay not the owner. However, you should be able to add the company (perhaps ask the clerk) or at least, file again if you lose at the next round.

You should take heart from the fact that you don’t have to pay a lawyer, and so the suit may be worth it, and secondly, you are forcing him to pay a lawyer, probably for more than is at stake. If you are so inclined, contact the lawyer and offer to settle for two thirds of what you are owed (remembering that even if you win, it may be difficult and/or expensive to actually collect on your judgment.)

However, with all due respect to the real lawyers who are commenting, I would keep going with it on your own. If the emails between you say what you read them to say, they should hold water. Plus there seems to be a David v. Goliath vibe here that I can’t help but think swings in your favor.

In my small claims case, I was fortunate that the judge allowed the defendant to speak first and loudest, and he talked himself right into a verdict against him.