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  1. #1
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    Default What kind of solicitor do I need?

    For my husband who is owed over $15000 by the company he is working for? He hasn't been paid for over 2 weeks and is owed 4 invoices (will be submitting another one tomorrow).

    I have contacted the law society and they have given 3 names of solicitors close to me, but I want to know what specific one I need to look up if I search elsewhere.

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    You could try someone who specialises in debt collecting (so issuing a notice to pay within a certain time frame before going to court) or you could try an employment lawyer because the sum is owed under an employment contract. Good luck. Hope you get some remedy quickly.

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    Anyone who does debt collection/litigation would be fine, as he's recovering as a contractor, yeah?

    Debt collection, particularly for smaller amount is a fairly generic skill for lawyers.

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    I don't think 2 weeks is out of the ordinary. Some places have a monthly invoice payment cycle . This is why my dp never does work for companies .

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    He submits his invoices weekly as he has a timesheet to fill in weekly that is provided by the company to be signed by the site engineer with job number etc. He used to submit them fortnightly but they told him to do it weekly.

    He is his own company, and he is the only shareholder. He has no employees but has not signed a contract, he has ongoing work with this company and has worked for them for over 3 years. He has to have workers' compensation insurance.

    It's hard to explain the situation, he's on ABN, not tfn.

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    I guess each invoice he submits with the timesheet and statement is a contract.

    I think a month is long enough for an invoice to be paid. The last payment he received was 10/2 for work done up to 24/2, so now over a month for the invoice after that period.

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    I wouldn't be forking out solicitor fees for an invoice that was only almost a month unpaid, unless you thought the company had other liquidity issues and was a going concern. What have they said about the lack of payment of invoice?

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    It's a problem all the time, so I want them to know we won't take it anymore.

    The reason they give is that they are waiting on $52 million for a massive contract they won, but I don't believe it as all the people on tax file number get paid on time, otherwise fair work would get involved.

    My husband says it's because they want everyone to go onto TFN and have nobody on ABN.

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    what are the payment terms on the invoice?

    you can get a sheriffs notice from the local court.

    Best thing is to send an email, giving them a date to pay to avoid legal action.

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    It will not cost much for a general civil law solicitor to send the company a letter of demand (which has to be done here in WA and I suspect most states before court action can be filed).

    One thing to consider though is that if your partner goes down this route he can expect either to receive no more work from the company or that if the work does continue that relations will be strained.

    This does not mean that he should not pursue the money that is owed to him but it may be worth considering other options before getting solicitors involved.

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