You are correct. When I first billed them, they offered to pay me 25 cents on the dollar. I declined and got a lawyer to write a demand letter. We received an offer to pay my invoice in full but only from the proceeds they would get from the court in this particular case. There were no proceeds that were due to them and they had already withdrawn so it's a way of saying "Sign off all claims to this debt and in return we'll give you 100% of what you're owed but only using money we know we'll never get." Now they're trying a different smokescreen with this billing of the wrong entity. That's why it's worth arguing this in Justice court. For thousands of dollars and god knows how many billable hours I can have lawyers prove assets transferred from the old entity to the current, new entity in which case liabilities by law must transfer as well. I've discussed it with legal council and they're confident that I have the proof and the ability to present this before a judge in the hopes he'll use some common sense and put an end to this. If not, I can always appeal and open my checkbook.
Beware the man who has one gun because he probably knows how to use it.
I have had this happen. Early in my career, it happened more than once. My business practice now requires an upfront retainer of several thousand dollars and will then subtract my hourly rate. Phone calls, letter writing is all billable time. When the money runs out, no further work is performed, until another deposit is made. I am now more selective in the work that I agree to do.
At this point, you should make some calculations as to whether this is worth spending more money and time, to get the firm to do the right thing.
Then why are you asking us what you just asked us???? Wouldn't you just ask one of your lawyer friends that are well versed on the situation???????
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