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Need to get info on getting paid as a independed agent from contractor not paying over 90 days

Cleveland, OH |

master agent with at&t in georgia is not paying sales rep's for over 90 days say's he is holding monies in escrow account.because we found another contractor. we have not gotten a commision report or sales tracking report in months he has not responded to email or text's but say's we have charge backs.his bussiness lines were disconnected can only reach him by cell.he say's we breached contract however he never counter sign contract or paid us in month's how can he keep our money when he has been paid from at&t to pay commision's. my bills are behind have no money to hire a attorney about to be put out in the street,looking for some answer's please

I work in the State of Ohio he is in Georgia

Attorney Answers 1


More details are needed to properly address this question, but it sounds like a breach of contract claim. With a contract, there is a duty on one side, and an obligation on the other. Here, the duty would have been for you to conduct sales work, and the obligation would be for the other party to pay you for those services. If there was some issue as to the formation of the contract, it is not fatal to your claim as there are both implied in law and implied in fact contract that the court can "assume" if the facts shows that a quasi-contract should exist. There are also claims for quantum meruit (value for work performed) and un-just enrichment claims that can also be alleged. Another question that would need to be addressed is where the transactions took place. Since you live in Ohio, and the other party is in Georgia, there could be a jurisdictional issue. If you can show that the work and "contract(s)" that gave rise to the work were executed in Ohio, then you may be able to use the long-arm statute to bring the other party into the Ohio Courts. If not, you would need to try to sue him in Georgia.

The foregoing statements are for purposes of educational information only and do not express any opinions of your specific matter. This information is not meant to offer legal advice or establish an attorney-client relationship. YOU MUST REVIEW THE SPECIFIC FACTS OF YOUR MATTER WITH AN ATTORNEY IN ORDER TO OBTAIN LEGAL ADVICE REGARDING THIS MATTER.

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