What legal actions canI take to collect the remaining balance of an account?
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What legal actions canI take to collect the remaining balance of an account?
I have a customer that bought $3000worth of window treatments from me and paid the mandatory 75% down and agreed to pay the other 25% at install. With a couple of minor delays and manufacturer mistakes, I finally installed all of the order. Now they refuse to pay the 25% even after I’ve given them a $500discount due to inconvenience. I’ve sent many letters and tried calling many times but the customer is purposely avoiding the situation. What should I do?
Asked on February 16, 2011 under Bankruptcy Law, Texas
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Sue them for the remainder of the contract. I am sure that you have a purchase order for the window treatments, correct? And did you get any additional documents that constitute a contract here? There was definitely "offer and acceptance" by your estimate and their payment of the 75%. Do not take off the $500 when you sue them. You can explain tot he judge that you made them an offer to discount the remaining monies owed in order to compensate them for their inconvenience but that they refused. You can still do so - and you should say that in front of the Judge to show that you are still being reasonable in this - it will make you look like you have tried to take the high road and they have refused. Good luck.
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