Dear Customer (name blocked for privacy)
Thank you for requesting my assistance in this matter.
First, I suggest, you write a letter (not an email as there is no proof of acceptance) to you agent demanding payment
Dear
It has been (how long) since the assignment for Kmart wherein you received payment in the amount of (dollar amount). According to our contract, your percentage is (whatever it is). Therefore I am due (amount due you). I am making demand that these monies be paid to me within 5 days of receipt of this letter or I will have no other option but to file a claim against you.
Send this letter via certified mail with a return receipt, which is your proof that the letter was received. When you get the receipt back - wait the five days from when the receipt shows it was received and then file a claim in the NY Small Claims Court.
You can CLICK HERE for information in that regard. If your claim is more that $5,000.00 you can file in Civil Court which information is also on the link I provided. You can file in NY because you live there. You can CLICK HERE for forms and more information.
If my answer has been helpful, please ACCEPT my answer so I get credit for my effort to help you . If I can be of further help, let me know. Appropriate FEEDBACK is appreciated as is a bonus. Thanks ~ Michelle