client doesn’t want to pay

UPDATED: Oct 1, 2022

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client doesn’t want to pay

Client doesn’t want to pay because he says we sent the invoices too late and the
contract doesn’t say he has to pay if the invoices are late.

Who is right here? Shouldn’t he have to pay since there is no complaint about
our service they are still our client, we are in home health care.

Asked on January 8, 2019 under Business Law, Hawaii


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

IF the contract specifically says that the invoices must be provided within a certain period of time or else the customer does not have to pay, that provision, while highly unusual, is legal and enforceable: they would not have to pay.
However, unless the above is the case, they have to pay: an invoice being late does not, by itself, mean that payment is not due. You could sue them for the money if they will not pay.

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 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.

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