The Goodin Abernathy LLP law firm and attorney Jim Browne supports small Hispanic businesses like painters, cleaners, construction and landscaping providers. Attorney Jim Browne often sees payment and collection problems where our clients are owed a lot of money for labor and materials. Unfortunately, many of our clients are discriminated against because of their Latino heritage. First, review problems most of our clients encounter when trying to collect for work they performed. Then let’s review how better business planning avoids the same problems for a lot less money!
No Written Contract – It’s OK, You Still Have A Claim
You may take legal action to collect if you do not have a written contract. Many of my clients trust contractors and people, providing services without a written contract. When their customer does not pay, then my clients wonder whether the lack of a written contract prevents them from legal collections. Your Goodin Abernathy legal team builds a claim using evidence surrounding your business relationship and the actual work performed. This allows us to explain the jurisdiction and legal process available to make your claim.
Undocumented Labor – It’s OK, You Still Have A Claim
Many Latino employers have undocumented workers on their crew. Often the employers are unaware the workers are undocumented. But it does not matter, the law allows you to make legal claim for collections. A strategy contractors or homeowners typically use when trying to avoid payment is threatening to call immigration enforcement. Too often this scares the Hispanic business and is an effective strategy. But legally it is wrong and Goodin Abernathy will get you past that false strategy to collect your money.
Payment Promises – Falling Deeper Into Debt
Small businesses take risks and decide whether to continue working after payment promises. The contractor makes a partial payment and promises our clients they will get caught up if work continues. The reality is, the contractor does not have the money or spends it on other things and leave my client unpaid. We see this pull our clients into debt where they owe their own crews tens of thousands of dollars! If you agree to continue working, only do it once. Do not allow your customer to pull you down, deeper into debt. Contact attorney Browne right away and let him negotiate the payment and pressure the customer to get your paid or get sued. If you want to keep them for a customer, they will respond positively.
Collection Efforts – Superior or Small Claims Courts and Mechanics Liens
Depending on the amount owed, you may decide which court system to use for legal help. If your claim is for $10,000.00 or less, you may be eligible for using a small claims court. These courts use different rules that make it easier for people to bring cases without using attorneys. Each Indiana county has different small claims court rules. For instance, Marion County (Indianapolis) Indiana requires businesses to use attorneys even if the claim is in small claims court.
If your claim is for more than $10,000.00, then you must file in Superior Court and this requires attorney representation. Our legal team is experienced and aggressive with these collection cases. Our legal fees vary from case to case but one things always remain the same about our approach: we win if you win – we lose if you lose and we don’t play to lose.
A powerful recovery tool is using a mechanic’s lien. Placing a lien on the property where you did the work provides you strong legal leverage to push your collection interests. Various factors affect whether you can file a lien and important legal considerations apply. Contact us right away because time limits apply!
Business Planning – Do It Right From The Start And Avoid Collection Problems
Our Latino clients are exceptionally skilled and hardworking people. They are dependable, respectful, economical and fast workers. Unfortunately, they work much better than they plan and manage a business. If you want a part time side job, then it’s OK to run it without contracts or accounting. That’s the type of work you can track on a napkin.
If you want to develop a business your family depends on – where you collect for the work you perform and grow wealth- then you need to spend the time and money organizing it. Too many Hispanic businesses avoid using an attorney for business consulting because they want to save some money and think they can handle it themselves. A year or two later, they land in a problem costing them multiple times more money than if they hired an attorney and paid a little to do it right in the first place.
You can engage the Goodin Abernathy legal team for business consulting and choose between a variety of service levels. Start with a general consultation to review your business and learn what attorney Browne recommends you establish and implement with your business model. Then decide if you want to Goodin Abernathy to prepare business forms like contracts and invoices that are special to your business. Talk about how your business will track its accounting and avoid any financial problems raised by your customers. Learn how the government wants you to organize a business, whether your immigration is documented or not. Consider using bank accounts for your business and reporting taxes that qualifies you to work for new and bigger customers.
Latino contractors should focus on the work they do best. Use professional help to manage business activity, avoid collection problems and run a successful business. The Goodin Abernathy team sees all sort of business problems and can identify where your business is most vulnerable. Our help is quick, easy and economical – especially considering the costs of falling into collections problems! Call us today for immediate support – (317) 843-2606.