How to proceed with customer who received shipment and paid late but had put a hold on check

UPDATED: Sep 30, 2022

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How to proceed with customer who received shipment and paid late but had put a hold on check

Customer for about a year who sends
payments for transportation of his
equipment at time of delivery has
decided not to pay for his last shipment
on 2/20. Emails state check should of
been mailed. Then gave us a Contact
to his accountant to send check. Check
dated 3/23 we received 3/28 and on
3/31 the bank would not accept it
stating it had a hold on it. Have sent
numerous emails and a breach of
contract and he is not answering. The
amount of transport is 1350.00. I have
proof he has looked at the invoice on
QuickBooks and is just ignoring this
situation. He also hired us for transport
of another vehicle and then had
someone else pick up therefore we still
have to pay the truck we sent 300.
What can I do about this? Thank you
for any help

Asked on April 7, 2017 under Business Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You sue him for breach of contract: for violating his obligation to pay for the services, etc. which you can prove you provided him (regardless of whether that contract is written, oral, or a mix). A contract, such as an agreement to provide services for pay, is legally enforceable; if one party (you) performed your obligations (e.g. provided transport), then the other party is obligated to perform its obligations (i.e. pay). By filing a breach of contract lawsuit, you can get a court order requiring him to pay--and if he still doesn't, you will be able to use collections techniques againt him, such as by levying on his bank account, executing on (having the sheriff seize and sell) his vehicles, etc. If the amount at stake is less than the limit for small claims court, suing in small claims, to reduce legal fees and speed the process up (small claims is faster than other courts) is a good option.

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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