Can she charge late fees with only 1 payment left?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can she charge late fees with only 1 payment left?
I am getting married in 2 months. I hired a wedding coordinator to decorate my wedding. I recently asked her to send my last invoice as I only owe a $payment for July in the amount of $315.17. She sent a final invoice requesting $630.34. I questioned the amount and she since then sent an updated in voice for $1157. Stating I owe late fees. The contract lis the late fees but when we spoke she said late fees aren’t applied as long as we don’t allow payments to go into another month and communicate. So now that I questioned the last invoice of$ 630 she almost doubled. I asked her to send the July invoice separately from the late fees and to provide a date in which late fees are required. It’s been 3 days and she will not respond via email, phone nor Facebook. What can I do? My big day is less than 2 months away.
Asked on July 7, 2017 under Business Law, South Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
To elaborate: look at the due dates for payments in the written contract--any payments made later are considered "late" and will trigger late fees. Then look at the late fee(s) specified in the contract. Calculate what you owe under the contract, based on when you paid. That is what you owe and should pay.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
If you had a written contract, it is binding on *both* of you until and unless it is changed in writing--an oral or spoken agreement does not modify or revise a written contract, or waive any of its terms. So you owe whatever late fees the written contract says you owe, and no more than that: you have to pay whatever late fees are due based on the terms of the written contract and she cannot charge you any late fees not required by the contract's plain terms. At need, if you cannot work any disagreements out between the two of you, either of you could file a lawsuit to enforce the contract--unfortunately, there is no other, easier, or quicker way to enforce a contract than by lawsuit.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.