Unpaid wages, threatening to sue.

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ICinNY

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I'm an independent contractor who has recently been stiffed by my client. My client refuses to pay me for services rendered and hasn't even given me a reason why. I'm considering filing a small claims lawsuit against the company as the Dept. of Labor doesn't cover independent contractors.

I read that I should send a letter of intent to sue. I also read that I should not send one unless I plan on going through with the lawsuit as it may be a violation of the law.

My question:

Is sending a letter of intent to sue, without going through with it, a violation of New York law?
 
There are many reasons one might have a change of heart about initiating a lawsuit.
The important thing to note is that one never wishes to threaten anyone.
Changing your mind snt a threat.
The essence of this ges to sincerity and specific intent.
One could form the intent to sue, for example, but become ill and unable to sue.
That doesn't conflict with a sincere intent.

I'd rethink bringing a small Liam's action.
Why?
You'd probably prevail, but you'd probably never collect a dime.

You'd end up with a worthless piece of paper saying Joe owes you $2 gazillion bucks.
But, if you never collect, it'll only bring you more frustration and angst.

Sue in a superior court, if the amount in question is significant, or walk away.
 
You do not have an obligation to send a demand letter prior to launching a lawsuit. However, since a demand letter often prompts the recipient to pay the amount in dispute, it may behoove you to do so.

Nor would you appear to violate the law (in New York or any other state) by sending a valid demand letter and subsequently not proceeding with a lawsuit if your demand is not met.
 
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