First Timer Posted April 3, 2012 Report Share Posted April 3, 2012 (edited) I had to file a lawsuit to recover unpaid commissions from a job I left last year. One of the founders dies and 90 days later they eliminated my position, owing me about $13,000 in unpaid commissions.There are significant statutory penalties for failure to pay, so I filed in District Court last Friday. I'm having them served this week for a $30,000+ lawsuit. I made these people a lot of money, ran their business for a month when the owner died and then they decided to screw me. I got a lot of help from this forum (I won) when I got sued by a JDB. I thought maybe people might be helped by me posting about how a lawsuit goes in district court.My goal is to settle for $20,000, but I won't mind putting that evil bitch on the stand... Edited April 3, 2012 by First Timer Link to comment Share on other sites More sharing options...
gwheelock915 Posted April 3, 2012 Report Share Posted April 3, 2012 are you proceeding pro-se? If so, (and depending on your situation) you can file a motion to have the judge appoint counsel pro-bono. Whether the judge does or not is up to him or her. The firm that represented me in Chicago was extremely competent. Through discovery, they spent about 25,000 of their own money. The case settled on very favorable terms for me.They were able to petition the court for reimbursement, and the court paid them. All in all, everyone walked away happy. Except the defendant.Expect them to file a motion to dismiss; failure to mitigate, etc....youll need to do a rule 26? meeting to go over discovery with them; have them write the report to the judge.Get ready for interrogatories and statements of fact, deps, and finally, a motion for summary judgment. Obviously, at any time, you can send them a demand letter, asking them for $$$. Explain how you reached that number, how settling now will save everyone time and money and you'll happily go away quietly. Link to comment Share on other sites More sharing options...
Coltfan1972 Posted April 3, 2012 Report Share Posted April 3, 2012 When you say district court, are you meaning federal court. Link to comment Share on other sites More sharing options...
Guest usctrojanalum Posted April 3, 2012 Report Share Posted April 3, 2012 Did you report them to the department of labor first? What happened with that? Usually you can end it right there. Link to comment Share on other sites More sharing options...
First Timer Posted April 3, 2012 Author Report Share Posted April 3, 2012 I am proceeding pro se. I met with two attorneys. One wanted a $5K retainer, the other would takje the case on contingency, but it really wasn't a contingency, it was "I'll take 30%, if we have to file a lawsuit, I'll want a retainer, and if my fees are greater than the 30%, you'll pay those too."Gowheel500 - I've not heard of this in Colorado, to request pro bono counsel. It would be great to get some help, although I've been researching for 4 months and feel confident about taking them down as I have kept detailed records and evidence and have copies of everything since the founder died, because I knew she was a greedy butt-skank.I filed a demand letter as required by statute to preserve my right to sue, but did not file a claim with the state. They were claiming that the commissions were not vested and determinable (paid). It's been a year and all the sales have gone through, but they never sent me another commission statement. The wife of the deceased is a dishonest, greedy bitch. There are statutory penalties for not paying me that I would not be able to recover if I filed a wage claim. Her failure to pay me caused tremendous financial and personal distress on me and my family.Coltfan - In Colorado, we have small claims up to $7,500, county court up to $15,000 and state district court over $15,000. Link to comment Share on other sites More sharing options...
First Timer Posted April 3, 2012 Author Report Share Posted April 3, 2012 are you proceeding pro-se? If so, (and depending on your situation) you can file a motion to have the judge appoint counsel pro-bono. Whether the judge does or not is up to him or her. The firm that represented me in Chicago was extremely competent. Through discovery, they spent about 25,000 of their own money. The case settled on very favorable terms for me.They were able to petition the court for reimbursement, and the court paid them. All in all, everyone walked away happy. Except the defendant.Expect them to file a motion to dismiss; failure to mitigate, etc....youll need to do a rule 26? meeting to go over discovery with them; have them write the report to the judge.Get ready for interrogatories and statements of fact, deps, and finally, a motion for summary judgment. Obviously, at any time, you can send them a demand letter, asking them for $$$. Explain how you reached that number, how settling now will save everyone time and money and you'll happily go away quietly.Thanks gwheel -- I'll be ready for their motion to dismiss and I will be filing a motion for summary judgement, so they better be ready for MY motions as well. I've also sued the greedy bitch personally as an officer because she is solely responsible for the approval of the payment for commissions. I'm expecting for her to ultimately get removed from the case, but I can show willful intent on her part and might be able to keep her in the suit as well as the company which would really motivate them them to get this settled.I've already prepared my admissions and interrogatories, which includes requests for contact info and contact names for their clients who they claim either canceled, re-contracted didn't pay. I'm expecting them to object to those and I am prepared to hit them again and then a motion to compel, because their contracts and payment is the cornerstone of the case. They are NOT going to want me sending their clients subpoenas for depositions. Link to comment Share on other sites More sharing options...
First Timer Posted April 17, 2012 Author Report Share Posted April 17, 2012 Just an update. I filed and had served the defendants on a Friday afternoon, and on Monday, I got a call from their attorney saying they would pay me what I was owed if I stopped the suit.I told them we were WAY past that because I now had legal expenses and they owed me interest for the fee loan for not paying me for a year.We went back and forth over last week and finally settled for $15K - one check right now.I know I could have gotten more, but I got what I was owed plus $2K for my effort and got it all wrapped up nice and quick.Just call me the hammer...8-)8-)8-)8-) Link to comment Share on other sites More sharing options...
yellowdog Posted April 17, 2012 Report Share Posted April 17, 2012 cha ching ! nice job Link to comment Share on other sites More sharing options...
jq26 Posted April 17, 2012 Report Share Posted April 17, 2012 (edited) That's how it is done. Nice job. You made the right move, especially if you were proceeding pro se. A bird in hand is worth two in the bush, so to speak. Edited April 17, 2012 by jq26 Link to comment Share on other sites More sharing options...
First Timer Posted April 18, 2012 Author Report Share Posted April 18, 2012 That's how it is done. Nice job. You made the right move, especially if you were proceeding pro se. A bird in hand is worth two in the bush, so to speak.Yes it is. I was very concerned about making a procedural mistake that an experienced lawyer could take me out with. This bird only twisted the knife a little and their screwing around with my pay covered the FICA taxes. My IRA will be happy. Link to comment Share on other sites More sharing options...
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