CA 1099 worker not paid by MA client

[CAwriter]

I live in CA and my client is located in MA. 11 months ago, I completed a freelance project for the client. We conducted business via email and over the phone. We did not sign a contract as I'd done work for this client before. (Never had a contract actually, but all on a 1099 basis) The work I did was accepted and approved.
Now, much later, I've only received $1250 and the client still owes me $4500. He says he is having trouble paying because a client owes him money. He owes other freelancers, too, so, I want to be sure I get paid.

Is that amount too much for small claims court? Can I sue under the MA Wage law for treble wages + attorney fees if I'm a contractor? Should I find a lawyer to fill out a compliant with the MA Attorney General or should I do that myself? The lawyer should be in MA, not CA?

 

[Patricia_Young]

MA Wage law does not apply to you, since you were not an employee.

http://www.mass.gov/courts/courtsandjudges/courts/districtcourt/smallclaims.html

 

[CAwriter]

Thanks for your reply.
It looks like the amount owed is too large for MA small claims.
So, should I find a lawyer to fill out a complaint with the MA Attorney General or should I do that myself? Should the lawyer be in MA, or CA?

 

[Patricia_Young]

You would need to file in Massachusetts, so you would need an MA lawyer. However, you should be able to work with the lawyer by phone, mail, and email. Maybe a demand letter from an attorney would shake the payment loose and you wouldn't even have to file a suit.

 

[army judge]

You don't have to claim the statutory maximum for small claims.

If the maximum is $5000 and you sue for $5700, you can still file in small claims. You'll recover only $5000, however.

No lawyer will take a case like this for less than $3-4000 anyway.

Living in CA you'll have a tough time collecting your judgment anyway.

You're in a very difficult pickle.

Try to use persuasion and your financial need to get this guy to keep the payments trickling in to you until you get most of your money.

Very few small claims defendants ever pay anything on the judgment against them.