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I'd say $38K is enough to warrant involving a lawyer. It's not about whether or not $38K will make or break you, it's about A) How badly you want to get paid, and B) How strongly you feel it's worth it to make the point of making him pay.
Frankly I hate it when these types of issues hit the boards. If people would just honor their damn agreements and stop letting their egos drive their decisions the business world would be a lot better off. And I'm not necessarily directing that at Mark or anyone in particular, just business people in general. If there's X amount of dollars you owe someone, PAY THEM. How hard can it be? Certainly isn't rocket science. And if there's some legit reason why you shouldn't pay them and they keep on pressing, then let the courts decide it.
Christ people.
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