Home Q&A Forum HI, being a freelancer and independent contractor( 1099) in CA, can I send a collections notice for non payment to client?

Business

Demand Letter For Payment

California

Asked on Apr 5, 2023

HI, being a freelancer and independent contractor( 1099) in CA, can I send a collections notice for non payment to client?

I am an independent contractor and freelancer in San Diego, California. I am a sole proprietor who offers training and consulting services. I use a contract agreement with my clients. Even after signing my contract, this client is unwilling to compensate me for the hours I spent working on his project. I would like to send this client a collections notice for non-payment. I would appreciate knowing the process. Thanks in advance

Answers from 1 Lawyer

Answer

Business

California

Answered 1149 days ago

Yes, you can send such a notice for nonpayment. I would send one in the form of a demand letter.

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Please resubmit this as a proposal so we can bid on the opportunity. Please include in the proposal the length of the contract applicable to the loan. Here is a link: https://www.contractscounsel.com/client/create-project/step-h1.

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I am sorry to hear about this situation. Your rights will be primarily dictated by the terms of the contract you signed when you gave the deposit, as well as any subsequent written communications with them. Assuming the terms therein are favorable, a demand letter from an attorney setting forth what specially you want from them and why it’s permitted is the best chance you have of getting this resolved quickly in your favor.

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I would start with a demand letter and see if you can work out a confession of judgment and a payment plan with debtor

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Sunnita B.

Answered May 20, 2022

Hello if you have sent a letter of demand the next step would be to file a small claims suit. However, depending on how much you are owed the suit may not be beneficial. Also, in order to recoup the money you have to go through litigation and win, then you have to figure out ways to get the money you are owed because the courts do not enforce money judgments.

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HI, being a freelancer and independent contractor( 1099) in CA, can I send a collections notice for non payment to client?

Answers from 1 Lawyer

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