What should I do?

[Lpward90]

Jurisdiction

Florida

Hello. I worked for someone as a web developer & a social media manager for about four months, this someone is now an ex-friend. I started in January and decided to relinquish my duties in April...this is where the problem started. My last pay equaled to the amount of $496.72, prior to me accepting this position, it was well documented that I would be receiving payment via money transfer, I also currently have a prepaid checking account so this was a perfect method for me. In April, she attempted to send the money through Venmo, I didn't receive it. We then agreed to that she wire the money through Money gram, she did send me a picture of the money being sent, weeks went by without me receiving it so we agreed to cancel it so it can return back to her. I suggested that she should get a money order and send it by mail, she agreed but got an cashiers check instead, so she can track it....weeks went by again & I STILL didn't receive it. In June, we got into an argument with her telling me that she was tired of paying for fees and such with the attempts of trying to send me money and that I failed to notify her that I didn't have a basic standard checking account (I actually did tell her about my prepaid checking account, and she knew about this prior to me accepting the position).

In a email she said, she is (again) going to send the money through a cashiers check and she removed all contact from me. It's July and I have yet to receive anything...by now, I'm ready to take her to small claims court. The issue is she lives in NY and I live in Florida, I am very aware that I would have to file the claim in the county that she resides. I really want court to be the last option, but I will take this route if I have to. I just feel like I'm being cheated and that's the principal. What's the chances of me winning my case? should I send her a demand letter first? or possibly try to take it mediation? I have plenty of evidence that includes emails and text messages to back up my case. May I please have feedback on if this is the correct route I should take, thank you.

P.S. sorry for the long post, just want you to get a clear understanding of what's going on.

 

[adjusterjack]

You might try a demand letter with a completed copy (but not filed) of her local small claims complaint form and see how that goes. My guess is she'll figure out that you are bluffing and ignore it.

In the future don't do business out of state unless you like kissing money goodbye. Or get the money up front.

 

[Lpward90]

You might try a demand letter with a completed copy (but not filed) of her local small claims complaint form and see how that goes. My guess is she'll figure out that you are bluffing and ignore it.

In the future don't do business out of state unless you like kissing money goodbye. Or get the money up front.

Thank you, I definitely learned my lesson. I'm never doing business with a friend ever again, I figured I was doing her a favor, learning & doing something new and also earning money for it. There wasn't an issue with her paying, until that point in April.

 

[army judge]

Thank you, I definitely learned my lesson. I'm never doing business with a friend ever again, I figured I was doing her a favor, learning & doing something new and also earning money for it. There wasn't an issue with her paying, until that point in April.

The reason she ALLEGED that you'd be paid in new, exciting ways was to stiff you.

The fact that she was a friend had nothing to do with why you weren't paid.

She simply stiffed you.

In the future I suggest you be more cautious in deciding who you'll sweat away your life to enrich.

I wish you nothing but the best.

 

[Lpward90]

The reason she ALLEGED that you'd be paid in new, exciting ways was to stiff you.

The fact that she was a friend had nothing to do with why you weren't paid.

She simply stiffed you.

In the future I suggest you be more cautious in deciding who you'll sweat away your life to enrich.

I wish you nothing but the best.

Thank you, I truly appreciate it!

 

[mightymoose]

If you wanted to, you could likely file in the small claims court online without actually going there. Many, if not all counties provide that option now.
You could have a process server deliver your demand letter along with the small claims filing (so she knows it's legit). This might encourage her to go ahead and just pay you rather than mess with court.
However, it is another expense to you and an additional loss if she never pays.
You could always cancel with the court or just no-show.

 

[Lpward90]

If you wanted to, you could likely file in the small claims court online without actually going there. Many, if not all counties provide that option now.
You could have a process server deliver your demand letter along with the small claims filing (so she knows it's legit). This might encourage her to go ahead and just pay you rather than mess with court.
However, it is another expense to you and an additional loss if she never pays.
You could always cancel with the court or just no-show.

Oh wow thank you, I was unaware of that. I'm already concerned about court dates & such if it gets to that point, this is something I might strongly consider.

 

[mightymoose]

Well also consider that you are only after $500, so you certainly don't want to rack up fees you won't be reimbursed for.
You could file online and have the documents served without ever leaving town. You don't need to have any intention of ever following through. Your demand letter might even include a demand for reimbursement if your filing fees.
Sometimes the legitimate threat of going to court is all people need to cave in, especially if they know they are on the losing end.

 

[Lpward90]

Well also consider that you are only after $500, so you certainly don't want to rack up fees you won't be reimbursed for.
You could file online and have the documents served without ever leaving town. You don't need to have any intention of ever following through. Your demand letter might even include a demand for reimbursement if your filing fees.
Sometimes the legitimate threat of going to court is all people need to cave in, especially if they know they are on the losing end.

Thank you so much for your feedback!