@myst4au wrote:
The reality is that when other MSCs have gone belly up in the past, shoppers have not been paid. Depending upon how this company was structured, you may be an unsecured creditor. Apparently, there is another company in NYC which either had ties to or owned this MSC, but what their legal obligations might be seems to be unknown.
This situation is much better than when a company goes belly up for the following reasons:
1. They did not go out of business.
2. They still do mystery shopping in other countries with global clients. (UK)
3. They should not want the fact that a subsidiary is now defaulting on it's contractors, as it is *VERY* bad for business. They are still selling services to corporations in the analytics area in the USA.
I'd give them a little breathing room, but you can cause them embarrassment by publicly shaming them in the areas that they are now "focusing" on. It's not time yet to go there, but I could find places to post that would be most embarrassing and detrimental to the new direction of the company. I won't post them here. They did not create a LLC (Limited Liability Corporation) and the parent company is fully on the hook. If your owed enough money, you could take them to small claims court if they ignore you long enough. They still have a USA presence that can be served.
Also, if they have an arbitration agreement clause in the contract, it is meaningless if they do not hold up their side of the contract, or the small claims judge deems it "atrocious" and can strike it down and still give you a default judgment.
I know a small business owner who placed a boilerplate arbitration clause in his contract and he was sued and didn't even show to court and received a default judgment against him and was not even aware of this until the person put a lien against his assets (property).
Edited 1 time(s). Last edit at 04/30/2015 11:00AM by scanman1.