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1099 - pay witheld

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  • 1099 - pay witheld

    I worked on an 1099 contract with a local company in Dallas, Texas which had a contract with a Federal Bank in Dallas, TX. I resigned from the contract on July 29, 2007. Since I have sent several emails and spoke to the contracting company but they are still withholding from paying my invoices. The excuse from the contracting company is that the their client have not paid their invoices, so they cannot pay me. The original contract agreement states NET 30. I am a newbie to this situation. What are my options to politely ask the company to pay my invoices. I would appreciate all responses and comments. Thank you in advance.

  • #2
    1099s and contracts and invoices all indicate that you are an "independant contractor". If this is legally true, then you are legally a vendor like a plumber or a dentist. You are not subject to labor law at all, but are instead subject to contract law. If one of your customers fails to pay you, then you need to take your customer to court, just like any other vendor.

    All of this assumes that you are legally an "independant contractor". IRS and federal and state DOL have their own ideas about worker classification and this is not something that parties can necessarily agree on by themselves. If legally you are really an employee, then legally you could file a wage claim with DOL. If you think this is the case, the following is an article that you might find of interest.

    http://payroll-taxes.com/articles/art2.html
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      Daw,

      Thank you for your reply. Can you point me to some website or articles on how to take the customer to court? Thank you in advance.

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      • #4
        Not really. Texas is not my state, and this is state specific. I can suggest that check out the Nolo Press website. That is a company that sells self-help legal books, and they maintain a website with artiticles that you may or may not find useful. Past that, maybe websearch "Legal Aid" in Texas. My understanding is that is possible to get a no/low cost initial consultation there.
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

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