Help – I’m a Freelancer in New York City and I Haven’t Been Paid for Work I Have Done. What Can I Do?
A freelancer is a person who is hired as independent contractor by an employer and not on payroll as an employee, but rather paid on a contract or job basis. Unfortunately, unlike hourly workers freelancers do not enjoy the same ability to get the New York State Department of Labor involved in disputes for nonpayment of their work. However, this does not mean that an unpaid freelancer’s only solution is to do nothing or hire an expensive attorney at an hourly rate.
Particularly in the current economic climate, we receive many inquiries from freelance workers in New York wanting to learn how they can recover money for work they have done. The answer is that it depends on the amount involved and whether there are other freelancer owed money by the same company.
1. Do It Yourself in Small Claims Court
If the claim amount is relatively small the freelancer may want to bring a small claims court case against the company that owes him or her the money. The small claims court in New York will accept claims up to $5,000. You can obtain information about how to handle a small claims case from the New York Civil Court - Small Claims Part (and on their website). The small claims system is designed to be simpler and less formal than the regular court system. The difficulty for many people, however, who deal with small claims court is that getting a judgment is only 1/2 of the battle – you still have to enforce the judgment you won. The City Marshal or County Sheriff only follow the instructions that you provide them. This is where the freelancer representing himself or herself pro se (as his or her own lawyer) is at a disadvantage compared to someone represented by an attorney. Successful judgment enforcement requires understanding of the laws and techniques utilized in enforcing judgments and is a specialized area of law with which even many attorneys are unfamiliar.
2. Hire a Contingency Fee Based Collection Attorney
Another solution is to hire a contingency fee based collections attorney who is familiar with freelance work and the issues involved to pursue the claim. My firm handles these types of claims for freelancers throughout the New York metropolitan area and New Jersey. If there are a group of unpaid freelancers who pool together to join their claims into a single lawsuit this will reduce the overall cost to each of them associated with the case, such as for court filing fees, service of process, etc.
Please feel free to contact Starr & Starr, PLLC at 888-867-8165 if you have any questions or to schedule a consultation. We have experience and success representing independent freelancers in collecting unpaid invoices involving a variety of industries in New York.
Particularly in the current economic climate, we receive many inquiries from freelance workers in New York wanting to learn how they can recover money for work they have done. The answer is that it depends on the amount involved and whether there are other freelancer owed money by the same company.
1. Do It Yourself in Small Claims Court
If the claim amount is relatively small the freelancer may want to bring a small claims court case against the company that owes him or her the money. The small claims court in New York will accept claims up to $5,000. You can obtain information about how to handle a small claims case from the New York Civil Court - Small Claims Part (and on their website). The small claims system is designed to be simpler and less formal than the regular court system. The difficulty for many people, however, who deal with small claims court is that getting a judgment is only 1/2 of the battle – you still have to enforce the judgment you won. The City Marshal or County Sheriff only follow the instructions that you provide them. This is where the freelancer representing himself or herself pro se (as his or her own lawyer) is at a disadvantage compared to someone represented by an attorney. Successful judgment enforcement requires understanding of the laws and techniques utilized in enforcing judgments and is a specialized area of law with which even many attorneys are unfamiliar.
2. Hire a Contingency Fee Based Collection Attorney
Another solution is to hire a contingency fee based collections attorney who is familiar with freelance work and the issues involved to pursue the claim. My firm handles these types of claims for freelancers throughout the New York metropolitan area and New Jersey. If there are a group of unpaid freelancers who pool together to join their claims into a single lawsuit this will reduce the overall cost to each of them associated with the case, such as for court filing fees, service of process, etc.
Please feel free to contact Starr & Starr, PLLC at 888-867-8165 if you have any questions or to schedule a consultation. We have experience and success representing independent freelancers in collecting unpaid invoices involving a variety of industries in New York.