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You could take him to small claims to get expenses and pain and suffering.

Posted By: Maybe we will see you on Judge Judy? nm on 2006-03-31
In Reply to: Update--thanks for your support sm - mlstoo


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Why not sue in small claims (sm)
You have a business contract with them. It's not a paycheck we are talking about. It's payment for services rendered. Are they going to send someone to your state to defend it? Probably not!
Small Claims
If you go down to the courthouse they will help you step by step.  Or perhaps by now it is on line in your state.  If she is an MSW or LCSW the state will have a copy of her license and you can also get her address that way.  You make out the papers, at least I did, and provide the address to serve her at and they will mail them to her place of employment if that is the only address you have.  But the courts are helpful, at least they were in Oregon, and showed me how to do the business as well as personal.  Good luck.   May I ask why she said she wasn't going to pay you?  Just curious.
Small claims
You have a right to be paid for services rendered. If I were you, I'd go ahead and work until the date that you have already told them and then take them to small claims court for the amount they owe you. Of course, this is assuming that you have kept accurate records. You would need those in court. And, I'd also tell your other clients ahead of time what is going on to reassure them that you are doing this as a last resort.
Small claims does not mean anything
in Atlanta. I do not know how it is in your town but I filed 1 and told right up front it was up to me to collect, even if I won. I think it was a complete waste of my time- the fellow had no checking acct, no home in his name, nothing that I could go after.
Small Claims
Don't forget to ask for filing fees and court costs. The judge can't give them to you if you don't ask for them. And you will win.
Small claims will not help you sm
I've wasted my time with that - after you win nobody makes them pay you.
small claims SM
Don't waste your time and hope. No one makes anyone pay anything from small claims.
Small claims court
Write a final demand letter, registered, signed receipt requested and tell them that you are seeking legal action against them and will be seeing them in small claims court.  Whatever state their business name is registred, go online and see who are the registered owners and their addresses, etc. and send copies of letters to all.    Give then 14 days (10 working days) to respond and if they don't file in small claims court.  Hopefully you have a copy or can get a copy from your back of the checks you deposited so that you can put a lein on their checking accounts when you win in court.   Check on line with your state for small claims court as if they are located in another state -- I don't know if that makes a difference.  But check it all out.  If you can't afford an attorney -- seek legal aide in your city.  Good luck.
Thank you both! I am going to file in small claims. nm
Try Small Claims Court.

Unless local, and can pursue in small claims, then she will end up sm
spending more money that she will ever get back.  Write if off.  Move on.  Learn from the experience.
Question regarding small claims and ex-employer.TIA
Has anybody ever filed a small claims suit against an employer that was in a different state?  I need to file small claims suit for wages that are owed, but I am in a different state as the company.  Does anybody know how to go about this?
I would definitely file in small claims court
against her.  Not sure about the subpoena part - I do not know how that works.  Believe once you file it is up to the court to notify her.  You may not get your money even if you win the judgement but you can then let the credit bureaus know, etc., and eventually it will catch up with her.  Best of luck and so sorry you are experiencing this! 
Agree with Small Claims Court.
Small Claims Court - it's easy sm
a few years back, i worked part-time for a one-woman company who had a psych hospital account.  All was great until she went through a mid-life crises, kicked her husband out, got a tattoo, changed everything about her, and then had me doing all the work... the last month i worked for her, she owed me $3,300 and refused to pay... wouldn't answer my calls or her door... so i took she and her company to small claims court... she didn't show up for that either and i was awarded the judgment via default.  I filed a wage garnishment with the psych hospital and they promptly terminated her contract... so then i filed a lien against her house and 3 years later when she sold it, i got paid... I did all of this without any help from an attorney - piece o' cake...I had the sheriff's department serve her, which was like $25 or so, and then whatever filing fees, which were minimal... good luck to you!
Got pictures? If so, take 'em to small claims court!
I took my pics and the signed walk-through with me. They were smug throughout, but I won and they had to return a BUNCH of my deposit! It pays to have a rather suspicious minds these days, I guess!
could you at least file in you local small claims court?
where the employer is located. My local county charges $50 for serving out of state notices on small claim issues. You would stand a greater chance of obtaining a judgement as the chances of the owner coming to your state would be small. Once you get a judgement and failure to pay, you can file a lien against the company. If they ever want to buy anything on credit, it would show up and they would be denied until they paid you, then another 7 years to roll off the credit report.
Sue him in small claims court for breach of contract
File a suit i Small Claims Court! -nm
Anyone with experience with small claims court in NJ??? I guess I am going to have to go that route
to try and get money that is owed me and to complicate things I don't live in that State.  If anyone has any info to offer I would greatly appreciate it.  I know times have been tough for some of us but after 9+ years I can't believe it has come to this.  Thanks in advance for any help or words of wisdom you can offer.     
I can't take the suffering person out of it sm
I generally take a moment and say a prayer for them. I don't feel that this is violating HIPAA and I don't consider that this is invading their privacy. I have no idea whether they believe or not, but I do, so I pray.

I have to say that these sorts of cases have colored my own view of cancer and its treatment. I believe, at this point in my life, I would refuse all such treatment and believe that God had a hand in it, it was my time.

Worse than cancer treatment are death summaries on children. I did one once where it was obvious to me that the doctor didn't do his/her job and this resulted in the child's death. I quit that job right after that report. There is a limit to what I can stand to listen to.
Suffering from occipital neuralgia too (sm)
Started seeing a chiro again and it really seems to be helping.  Four treatments so far and I am finally lightening up on my meds....
my dad was debilitated and suffering and watching this
Ask yourself is it worth your health suffering....
Son suffering from traumatic brain injury.

My son was hit by a car 7 years ago and sustained a traumatic brain injury. He was in a coma and went through over a year of rehabilitation. He was 15 at the time and finished high school, went on to Junior College and has just finished a year at a state university. He has struggled with learning disabilities and short term memory problems since the accident and has barely passed his classes. It looks as though this was his last semester at school because his grade point average isn't high enough to let him continue school. He will be put on academic suspension. He wanted to go away to school so badly and worked so hard to make it and I know he will be so disapointed when he finds out he won't be going back in the fall.

He is definately a miracle and I thank God everyday that he is alive but I don't know what to do to help him anymore. My question is "Is there anyone out there with a similar situation who can give me some advice on where to go from here?"

Sounds like you're suffering more from job boredom than anything else.
I feel your pain. If at teaching hospital, great pain. SM
Some doctors do give standard discharge summaries, so you could just make copy and then pull it up. It is not easy, especially when they give 20 lines of lab results.
small mentality usually means small pocketbook
Still make more than you and I but that is deserved. They've put the effort forward and educated themselves.

I have no expenses except to buy my
computer, desk and chair, which after time becomes a wash and are nominal expenses. All my references are online paid for by the company (all Stedman electronic word books, my free personal subscription to Monthly Prescribing Reference, etc.)
Maybe you can cut your expenses? sm
If you are using telephones for dictation, maybe switch to handheld units? Or use a TASP to save money on calls? Use the Internet more to cut down on expenses. Hope this helps. If you can, keep your clients. They are hard to come by nowadays.
Remember that's $40 before all expenses. nm
Medical expenses

January, 2000 - DH tore rotator cuff, needed MRI/arthrogram, followed by rotator cuff repair.

January, 2001 - I had foot surgery in podiatrist's office. 

January, 2002 - DH had cervical MRI/myelogram, followed by anterior cervical diskectomy with fusion, two levels.

January,  2003 - DH had knee MRI, followed by arthroscopy.

January, 2004 - I had LASIK surgery. 

OMYGOSH, it's almost January again! 

Why not just add it to your business expenses? nm
You can still deduct your MT expenses if your and IC - sm
regardless of taking the standard deduction. Your write offs for MT are on the Schedule C (not B). My husband and I take the standard deduction as we don't have enough on our Sch. B; then I write off all my IC deductions and report my income on the Sch. C.; putting the bottom line (income minus IC write-offs) on the 1040 line 12. So I am not quite clear on what you are talking about but I know how I do it is how most of us (if not all) do our deductions. You may want to do an amended return.
Tax Deductible Expenses
We ran a business for years from our home.  As far as I know, you can take the base rate of your telephone bill as an expense (which includes FCC taxes) and any long distance calls related directly to the business.  As for Home Owners Insurance, you can take 7% of the insurance because you use 7% of your home for your business.  Also, anything related to the business such as equipment, paper, tapes or special software programs can be taken as well.  If you have to travel to deliver the finished reports, I believe the rate is 28 cents a mile.  If you travel, you can also deduct any maintenance on your vehicle.   Hope this helps. 
Taxes, Expenses
I would have internet anyway; now I get to write it off. I would have long distance anyway; now I get to write it off. Everyone pays taxes and insurance, it is just a matter of who is doing the bookkeeping. Walmart STARTS at $8/hour and then when they pay all that same stuff they are really making $5- $6. You can write off ALL your health insurance, a portion of your utilities and the area you work in, computer, software, and other supplies.....save on gas (this is HUGE right now), work clothes, make up, day care, and and and. There's always more than one way to view something.
Also, are these figures before tax/expenses or after? sm
Some ICs might be quoting their pay before taxes and expense deductions, which isn't their ACTUAL pay for the year. If someone has their own accounts and says they bring in $50K per year, that's possible, but probably not the amount they receive free and clear.

I find it hard to believe anyone makes that much free and clear unless they are working 12 hours a day, every day, and pulling in a significantly high per-line rate. I'm not saying it can't be done, but I base this opinion on the fact that I make a very good line rate, type over 100 wpm for easy accounts I've had for years, and still don't bring in that kind of money free and clear. I come close with my gross income, but after taxes and expenses, it's only about 65% of that! And I work 9-10 hours a day with only one week of vacation per year.

Come to think of it, that's pretty sad when I see it on paper. LOL I'm going to go look for a new line of work now.
I do not know how he claims everything, but
I just know he does. He is also a great accountant that has been doing some of my family members' taxes for years as well. I trust him. He gives a guarantee he will back you if you get audited, so I cannot see him doing anything illegal.
Someone there who claims to be a
CMT and she is not either.  Scary place.
What is the cost of your living expenses? sm

I would really like to know this as mine seem high.  My cost for the bare minimum, not including insurance, medical costs or entertainment, is about $1,800.00 per month.

Is that high to most people?  TIA.

$350 a month for my share of expenses.
get a credit card just for your IC expenses
it will keep all your expenses in one place and you won't need to keep receipts, just the credit card statements. Other than that, track mileage, though to be frank most people will just claim an average mileage and then create a mileage journal if audited. Also if you will take the home office deduction, you can claim percentage of heating, etc. but easy enough to do that. Might be worth your while to consult with a CPA if you take the IC job, and then the first year that you do your taxes. He can explain everything you need and then you can take it from there. Just one or two more forms to fill out, nothing earth-shattering.
Poll: Earnings vs Expenses

1.  What are your monthly earnings -- just you (no spousal income) -- doesn't matter how many jobs....monthly earnings?

2.   Do you work more than one job?

3.  What is your base line rate?  If you have more than 1 job, list all base rates.

4.   Now what is the minimum bring-home pay you need to survive each month?  This is your housing, energy, transportation, insurances, food -- what you have to have to make it. 

5.   What's the difference?  Are you in the hole?  Got surplus?  Breaking even?

My answers:

1.   About $3100 each month.

2.   One job.

3.   $0.095 cpl plus some incentive bonus each month.

4.   $2287 gets everything paid.  Savings and pocket money not included in that figure.

5.   Surplus but not much.  Trying to save as much as possible and have a few greenbacks in my wallet each week. 



Was told could deduct pet expenses. sm.
If it is a dog and is over 50 pounds, you can claim its food, vet bills, pet insurance, vaccinations all that as long as your business is run from your home. It applies as a guard dog. It does not matter which breed the dog is either. This is the state of Missouri, not sure about other states.

I am gonna try it as we shelled out alot of money over a period of time for a dog that was poisoned. Luckily, he lived.

as if I were working outside the home, if not more.  The only thing I would spend money on an outside job would be the $4.00 daily bus fare.  I have more than enough clothes for work, no problem there, maybe lunch or can brown-bag.  The company pays the office space, light, electricity, internet, cable, AIR CONDITIONING in summer (imp.)

On the other hand, even as an employee, I am not reimbursed for my high-speed, HIGH-COST cable/DSL/telephone I need to make these few cents a line, electric costs, lights, AC BILL JUMPS WHEN SITTING AT PC ALL DAY IN SUMMER, buy my own office supplies, books, references. 

Just another mind sc---ing they give you by telling you it's cheaper to work at home.  (I have no kids). 

6 months of expenses "tucked/socked" away? No way. sm
I am the owner of a small transcription company. We have 50 transcriptionists. We invoice $150,000 per month. Our payroll, taxes, manager salaries, postage, bank fees, overhead, etc run approximately $140,000 per month. That means that we should have $840,000 tucked away somewhere. No way. We depend on our customers to pay. Our employees are paid on time and paid a decent rate. Our bills are paid. To say that someone needs 6 months of expenses put away is unrealistic and naive. Where did I attend school? For undergrad, University of Michigan, for graduate school, Northwestern University, with a master's degree in Business Management and a Bach degree in Finance. The rule of thumb is to have one payroll worth of cash on hand or a line of credit available equal to that amount.

It's really annoying that people can toss out comments like that, stating them as if they were fact, without any basis of fact. Most companies do not have close to a million dollars lying around. If they do, it is foolish.
I also took home office expenses as an employee, but --
You can only get any good out of it if you are also a homeowner with a lot of mortgage interest or have a lot of medical expenses, etc., that would make it higher than the standard deduction.
deducting home office expenses -
For the home office expense - You would measure the amount of space you actually use to work (your desk area) and figure the percentage of that square footage to your total square footage. Then you would use that percentage of your utilities costs, etc., to count on your taxes.
It claims to be used for tapes, can this be used for wav files also? nm
Insurance claims manager...
I do insurance claims work
I've been doing it for over 8 years, but unfortunately I'll be losing it to a company who's going to do it digitally (I do tapes) in July. I sort of just fell into it. I knew someone who worked there that knew I needed a part-time job. Have you thought also about just general transcription. There's a board that I frequent that has a lot of companies that do general and legal work. The good thing about a lot of these companies is they're very, very flexible. There are some that don't require any number of lines, reports, etc. If they have work they ask if you'd like it and you can say yes or you can decline. I plan on sending out a lot of resumes to these companies when I'm through in July with insurance work.