Request for informal small-claims legal advice (long)

[Hermlord]

Hello,

About 6 months ago I did some web design work for a small company in NYC (I'm in Chicago), total about $350. I'd done one major and a few minor jobs before, and always been paid, very professional. Well, this one didn't get paid for awhile...just as I was gonna call them up, they called me and said, "Sorry about that, we'll send it out now." After several weeks I still hadn't received it.

Now, all of a sudden, I can't reach them at any of like 4 numbers or by e-mail. For weeks. Still haven't. I'm sick of this BS. There is no ambiguity, it is 100% clear that he owes me $$$. I have much documentation but only via e-mail. Even worse, he's a laywer. Crap.

But, I want to either get my $$ or make his life as miserable as possible. So I'll file suit in small-claims, see what happens. My questions:

1) What are my chances of winning?
2) What are my chances of collecting if I win? How expensive is that?
3) What are the chances that an official suit would make him shrug and pay up?
4) Why would they call and remind me about the debt, then welch?
5) Why won't he take my calls? At all? This is not a scared broke kid but a laywer/business pro. Is there some legal reason he won't talk to me?
6) What are the chances that they are dead or coma'd or something?
7) What are other, legal ways I can make myself annoying as [censored]? Debt collectors, but he'll know to just tell them to stop calling, and besides I can't find a cheap one.

More details upon request.

[bobman0330]

Just a law student, so I don't know what the hell I'm talking about. Assuming you have the documentation to prove your claims (sounds like you do), then you have a pretty clear claim. If you did the work in Chicago, you should (I think) be able to sue in Illinois courts. You'll probably need to hire a process server or something like that. Check with the SC court clerk about these details.

1. Most likely outcome is he does nothing and you're awarded a default judgment. If he shows, you're ~100% likely to win, from what you're saying.
2. You need to take your judgment and get it certified in NY, then use NY courts to enforce the judgment. I have no idea about the logisitics of all this.
3-7. No idea. If you know any of the clients of the business, you can tell them what happened, but don't lie or exaggerate. Better yet, threaten to do this first, then do it. Also consider informing the NY AG or BBB or people like that.

Anyways, that's my take. I'd talk to an actual lawyer though, or the clerk of the SC court.


IL small claims (http://www.ag.state.il.us/consumers/smlclaims.html)