Need to litigate for unpaid commissions

[rdcente]

Jurisdiction

California

I have a signed independent contractor agreement for software sales. The agreement outlines the commission structure for different components of sales/deals closed. In early 2015, I was owed approximately $15k in commissions, and in early 2016, approximately $13k in commissions. The company explained to me that finances were in bad shape and would work with me to make the payments, asking if I would be patient. The last live conversation was in April of this year, with a promise to work out payment (again, me being flexible). Since then, they have not returned any of my emails, phone calls, or txts. I have LegalShield and they send a demand letter to the company which has also gone unanswered. LegalShield referred me to an attorney who advised me that if they bring the suit, it's highly likely that my legal fees would absorb the approximate $30k owed to me.

Would anybody be able to advise me how to bring the suit on by myself, for could help with the filing and then I take it from there? Or possibly advise on a good way to get their attention and be motivated to make the payment? Walking away from $30k just doesn't sit well with me.

Thanks in advance!!

Rob

 

[army judge]

Would anybody be able to advise me how to bring the suit on by myself, for could help with the filing and then I take it from there? Or possibly advise on a good way to get their attention and be motivated to make the payment? Walking away from $30k just doesn't sit well with me.

Visit a couple lawyers in your county, see if you can get one to take the case on a contingency basis.
Otherwise, if you do it yourself (pro se), you'll have to educate yourself via perusing the internet, mate.

 

[rdcente]

Visit a couple lawyers in your county, see if you can get one to take the case on a contingency basis.
Otherwise, if you do it yourself (pro se), you'll have to educate yourself via perusing the internet, mate.

Thank you for the response. Unfortunately, this seems like it's quite a journey to collect what is owed to me.

 

[adjusterjack]

Unfortunately, this seems like it's quite a journey to collect what is owed to me.

Even if you manage to overcome all the obstacles and costs and eventually win a lawsuit, the chances of actually collecting are slim.

Seems to me that you got hooked with a fly-by-night company and let the debt slide way too long.

 

[rdcente]

Even if you manage to overcome all the obstacles and costs and eventually win a lawsuit, the chances of actually collecting are slim.

Seems to me that you got hooked with a fly-by-night company and let the debt slide way too long.

The company actually has a great product, just very poor leadership. The original, VERY BAD, leadership was ousted, and the new leadership seemed much improved and in-tune for turning the company around. Sadly, since I was no longer an employee, I was very low in their priority list and to my own detriment, I was too accommodating and flexible understanding their financial situation. Seems that I may have to chalk this one up to a learning experience. However, a pointed and anonymous post about the company and their bad practices on something like Glassdoor.com won't look good for them.

Thank you very much for your reply.

 

[adjusterjack]

However, a pointed and anonymous post about the company and their bad practices on something like Glassdoor.com won't look good for them.

Might not look good for you either.

If you aren't willing and able to pursue your money in court, all you have is unproven allegations which could get you sued for libel if you post them online.

Then you spend a year or two in litigation spending thousands on lawyer fees trying to prove you were right.

 

[rdcente]

Might not look good for you either.

If you aren't willing and able to pursue your money in court, all you have is unproven allegations which could get you sued for libel if you post them online.

Then you spend a year or two in litigation spending thousands on lawyer fees trying to prove you were right.

Yes, you're right. It's just a sour pill to swallow.