Can I file a small claims lawsuit for $15,000 owed my by a client in Havertown, PA?I have a contract with a client to perform consulting services. They ran into cash flow problems and told me they could only pay later, after 1-2 months. After 3 months, I offered to have this client pay me for the work completed and we would terminate the contract, but they said no to that. I told them I would complete the work, which I have done, but they won't pay me. They paid the first $15,000, but owe me $5,000, which is 24 weeks delinquent, and another $10,000 now that the work is complete. I have a signed contract. Do I need legal counsel here, and if so, what are the chances that my client will be forced to cover my legal fees? They no longer answer my phone calls or emails. Attorney answers (1)
Small claims court is designed for breaches of a written or oral contract. I believe the limit that you can contest is $5,000. You can obtain the Small Claims complaint form at the Clerk's Office in the Delaware County Court House. A complaint packet for self-represented litigants with accompanying instructions is available from the Clerkâs Office The summons and complaint can be filed through the mail or in person. When filing a complaint, you, as the plaintiff, must:
* Give your full name, address, and telephone number. * To ensure proper service of the complaint, give the correct name(s) and address(es) of the person(s) named as the defendant(s) in the complaint. It is important that the defendant be properly identified as an individual, a sole proprietorship, a partnership, or a corporation. * State the amount of money for which you are suing. * State the reason why the defendant owes you money. * State whether at the present time there is any other case involving both you and the other party(ies) and, if so, the name of the court. * Sign the completed form. * Pay the correct filing and service fees when filing the complaint. I would strongly suggest that you visit the publicly accessible law library on the third floor of the Delaware County Courthouse to ask the librarian for legal books about small claims court. I would be very helpful for you to see a sample complaint and read instructions on how the whole process works from A to Z. Take care and good luck. Stephen M. Dunne, Esq. Dunne Law Offices, P.C. (215) 854-6342 1500 JFK Blvd, Two Penn Center, Suite 200 Philadelphia, PA 19102 dunnelawoffices@gmail.com www.dunnelawoffices.com
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