New York Freelance Contract Lawyer
When a client refuses to pay you, keeps making excuses, or simply stops responding, you do not have to keep chasing them on your own. New York law protects freelancers and independent contractors from nonpayment, and depending on what happened, you may be entitled to recover more than the amount of your unpaid invoice.
At the Law Offices of Michael H. Joseph, we represent freelancers in New York City and throughout New York in unpaid compensation claims, contract disputes, and claims under New York’s Freelance Isn’t Free laws.
It costs nothing to review your case with us. There are no hourly fees for qualifying Freelance Isn’t Free Act claims. Since we take these cases on contingency, you pay no attorney’s fee unless we recover money for you.
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What Can You Do If a Client Doesn’t Pay You for Freelance Work?
A client cannot accept your work and then simply decide not to pay you.
If you performed the work you agreed to do and the client has not paid you, you may have a claim for breach of contract, a claim under New York’s freelance protection laws, or both.
We review the agreement, invoices, emails, text messages, payment history, and other evidence to establish what the client agreed to pay, what work you performed, and what you may be entitled to recover.
If a client owes you money for freelance work, call (212) 858-0503 for a free consultation.
New York’s Freelance Isn’t Free Laws Protect Your Right to Get Paid
New York’s Freelance Isn’t Free laws give qualifying freelancers important rights, including written-contract and timely-payment protections and, in some cases, the right to recover additional damages and attorneys’ fees.
New York State’s Freelance Isn’t Free Act generally requires a written contract when a freelancer is hired to provide services worth $800 or more, including when multiple contracts between the same freelancer and hiring party total at least $800 within a 120-day period.
Freelancers must be paid by the date in the agreement. If there is no payment date, payment must generally be made within 30 days after the work is completed.
New York City has its own Freelance Isn’t Free Act protecting covered freelance workers. Those protections include the right to a written contract, timely and full payment, and protection against retaliation.
Freelancers in New York City may have claims under both the New York City and New York State Freelance Isn’t Free Acts. Each law provides significant remedies for qualifying violations, including double damages for certain nonpayment claims, as well as attorneys’ fees and costs. When both laws apply, we evaluate all available statutory claims and damages to pursue the maximum recovery permitted by law.
That can make an unpaid freelance claim worth considerably more than the outstanding invoice. In some cases, it is possible to recover triple damages.
What If the Client Disputes What They Owe You?
Clients do not always admit they simply refuse to pay. They may claim the work was incomplete, dispute your rate, challenge the invoice, or try to change the terms after you have already performed the work.
That does not necessarily eliminate their obligation to pay you.
We look at the agreement and the parties’ communications to establish the scope of the work, what the client agreed to pay, and whether the client failed to honor that agreement.
What If You Don’t Have a Written Freelance Contract?
Do not assume you have no claim simply because you never signed a formal contract.
Emails, text messages, proposals, invoices, prior payments, and other communications may establish what you agreed to do and what the client agreed to pay.
New York’s freelance laws also require written agreements for certain covered work.
If the client is telling you there is “no contract,” talk to us before writing off the money you earned.
How Much Can You Recover From a Client Who Didn’t Pay You?
What you recover depends on the agreement, how much you are owed, where the work was performed, and which laws apply.
A breach of contract claim may allow you to pursue the compensation the client agreed to pay but withheld.
Depending on the circumstances, the New York State Freelance Isn’t Free Act, the New York City Freelance Isn’t Free Act, or both may apply. A qualifying freelancer may be entitled to double damages for certain payment violations, as well as attorneys’ fees and costs. We can determine which laws apply and what compensation and damages you may be entitled to pursue.
A CLIENT OWES YOU MONEY? Don’t write off an unpaid invoice before you know what your claim may be worth. Call us at Call (212) 858-0503 for a free consultation.
How We Help Freelancers Get Paid
You should not have to spend your time chasing a client who refuses to pay you. We can take over the dispute and pursue the money you earned.
We Review the Agreement and the Work You Performed
We review the documents and communications that show what you agreed to do, what the client agreed to pay, and whether you performed your part of the deal.
We Determine What You May Be Entitled to Recover
We evaluate your breach of contract claim and determine whether the New York State or New York City Freelance Isn’t Free Act applies. We then determine the unpaid compensation and any additional damages you may be able to pursue.
We Deal With The Client
We deal directly with the client so you do not have to keep making calls or sending emails that go nowhere. We demand payment and, when necessary, take legal action to recover what you’re owed.
Frequently Asked Questions
Can I Bring a Freelance Isn’t Free Act Claim If I Work Through an LLC or Corporation?
Yes, potentially. You do not necessarily lose protection under New York’s Freelance Isn’t Free laws simply because you provide your services through a business entity. The laws can cover a freelancer who operates through a single-member LLC or a corporation or other organization composed of only one natural person.
If the business has more than one owner or member, coverage may be different. We can review how your business is structured and determine whether the New York State Act, the New York City Act, or both may apply.
What Should I Send a Client Before Filing a Freelance Payment Lawsuit?
A written demand may identify the work performed, amount owed, payment deadline, and consequences of continued nonpayment. A demand can sometimes resolve the dispute without litigation, but be careful not to waive legal rights. We can determine whether a demand is appropriate and what it should include.
Can a Client Refuse to Pay Because It Has Not Been Paid by Its Own Customer?
Not necessarily. Whether that excuse affects the client’s obligation to pay you depends on the agreement. If your contract does not make your payment contingent on the client’s receipt of money from another party, the client’s own payment problem may not excuse nonpayment.
What if the Client Asks Me to Sign a Release Before Paying Me?
Do not sign a release, settlement agreement, or other document giving up your claims without understanding what you may be surrendering. A client may offer partial payment in exchange for releasing all claims, including claims for additional damages or attorneys’ fees. Talk to us before signing it.
Can I Still Bring a Claim if the Client Paid Me Part of What I Was Owed?
Possibly. A partial payment does not necessarily resolve the dispute. Preserve records showing the original amount due, what you received, and any communications about the remaining balance.
Talk to a New York Freelance Contract Lawyer
You performed the work. If the client refuses to pay what it owes you, you have options.
The Law Offices of Michael H. Joseph represents freelancers and independent contractors in New York City and throughout New York in nonpayment claims and contract disputes. We can determine what you are owed, whether New York’s freelance protection laws apply, and what we can do to pursue your money.
With offices in Manhattan and White Plains, we represent freelancers throughout New York. Call (212) 858-0503 today for a free consultation. For qualifying cases, you pay no attorney’s fees unless we recover money for you.
Our Two Offices
Our Midtown Manhattan Office
18 West 33rd Street
Suite 400
New York, NY 10001
Our Westchester County Office
203 East Post Road
White Plains, NY 10601
Law Office of Michael H. Joseph, PLLC
The Law Office of Michael H. Joseph, PLLC, has been helping injured victims recover compensation for their injuries for over 25 years. Our attorneys are members of several prestigious organizations, including:
- New York State Trial Lawyers Association
- American Association for Justice
- New York County Bar Association
- Westchester County Bar Association
To request your free initial consultation with our team, call our New York City office at (212) 858-0503 or our White Plains office at (914) 574-8330. You can also request a case review online.