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  1. #1
    Join Date
    Dec 2011
    Posts
    1

    Default Client Refuses to Pay

    My question involves business law in the state of: NM

    I have been waiting on payment from a client for 10 months. Per our agreement and policy, they have incurred a big bill of late charges.

    Now they want to pay, but only if I sign a "document" that basically says I can't ever say anything negative about them, and that I waive all the late fees.

    This agreement is extremely one-sided, and offers no protection for me at all, so I don't really want to sign it.

    What can I do at this point? It seems like they are trying to set me up for litigation in the future.

    They say they won't pay unless I sign. They have repeatedly lied and broken promises in this whole deal, so I don't trust them at all.

    The amount due on the original invoice is $925. Late fees amount to $2500. I realize that if we go to court, I'll only be able to get the original, if anything. So, what are my options?

    They are a large, respected nonprofit organization in Washington DC, so their reputation could be at stake if I could use it as leverage.

  2. #2
    Join Date
    Jan 2010
    Location
    North East
    Posts
    1,604

    Default Re: Client Refuses to Pay

    Quote Quoting aconnally
    View Post
    Now they want to pay, but only if I sign a "document" that basically says I can't ever say anything negative about them, and that I waive all the late fees.

    This agreement is extremely one-sided, and offers no protection for me at all, so I don't really want to sign it.
    It's not a one sided contract, your getting your $925 that is owed to you.

    Quote Quoting aconnally
    View Post
    What can I do at this point? It seems like they are trying to set me up for litigation in the future.
    You will not have to worry about litigation if you obliged by the rules of the contract, you will just have to keep your mouth shut about this situation and put it behind you once you collect your money that is owed to you, it's really that simple.


    Quote Quoting aconnally
    View Post
    They say they won't pay unless I sign. They have repeatedly lied and broken promises in this whole deal, so I don't trust them at all.
    Stipulate in the contract that they have X amount of days to submit payment or the contract is null and void, and that the $925 as well as the $2,500 in late fees will be due.

    Quote Quoting aconnally
    View Post
    The amount due on the original invoice is $925. Late fees amount to $2500. I realize that if we go to court, I'll only be able to get the original, if anything. So, what are my options?
    Why is it that you think you will only get the original $925 if you were to go to court, what does your contract say about late payments and fees?

    Quote Quoting aconnally
    View Post
    They are a large, respected nonprofit organization in Washington DC, so their reputation could be at stake if I could use it as leverage.
    I'm sure if you try that route, you will find yourself in court shelling out more money in legal fees then what is owed to you.
    I'm not a lawyer, but I did stay at a Holiday Inn Express last night.......

  3. #3

    Default Re: Client Refuses to Pay

    Quote Quoting aconnally
    View Post
    their reputation could be at stake if I could use it as leverage.
    Understanding of course that sometimes the line between "leverage" and "criminal blackmail" is often a fine one, and that the decision between one and the other only goes to the jury AFTER you've been arrested and prosecuted. Want to avoid that? Then send your billing and if they don't pay, you sue. Leave the "leverage" out of it.
    Catherine NeSmith
    Executive Director
    AARDVARC.org, Inc.
    http://www.aardvarc.org

    #1 lesson: The only person who can give YOU legal advice is YOUR attorney

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