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Can an Independent Contractor Charge Late Fees for Late Invoice Payments

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  • 09-21-2008, 04:36 PM
    mroz16
    Can an Independent Contractor Charge Late Fees for Late Invoice Payments
    My question involves independent contractors in the state of: Florida

    Can I charge late fees for invoice payments that are 120 -150 days overdue?

    After making several attempts to collect and sending monthly letters to this customer, I received an email stating that they were not going to pay for late fees because "it was not stated in the contract".

    Now, I am a small General contractor company that depending on the company will take small job by only requesting a signed proposal stating the scope of work and terms of payments (net 30) Is this not enough? I didn't have them sign any other formal contract. Can they refuse to pay although they deliberately take as long as they want to pay even after been notified?

    Thanks for your feedback!

    OZ

    :confused:
  • 09-21-2008, 04:41 PM
    jk
    Re: Can I Charge Late Fees for Late Invoice Payments?
    if you want to be able to charge fees for late payments, you need to include it in the contract.
  • 09-21-2008, 04:48 PM
    mroz16
    Re: Can I Charge Late Fees for Late Invoice Payments?
    The "NET 30" on the signed proposal is not considered to be part of the payment agreement?
  • 09-21-2008, 04:55 PM
    aaron
    Re: Can I Charge Late Fees for Late Invoice Payments?
    "Net 30" means exactly what it says and nothing more. It does not mean, "If you don't pay on time, we charge a late fee."
  • 09-21-2008, 05:01 PM
    mroz16
    Re: Can I Charge Late Fees for Late Invoice Payments?
    I see... Since these invoices have not been paid, can I somewho make them sign a contract or agreement stating that they have another 30 days or so to make the payment or I will charge late fees? Do you think the'll fall for that?
  • 09-21-2008, 08:08 PM
    jk
    Re: Can I Charge Late Fees for Late Invoice Payments?
    sue them for the money. I have not researched it but many states allow interest to be added to a judgement.

    in the future, include a penalty interest for anything not paid in the "net 30" clause. Be careful though. There may be truth in lending requirements to consider or other laws. You should consult a local attorney to be sure you state it properly and with legal support.
  • 09-22-2008, 09:46 PM
    ArmyRetCW3
    Re: Can I Charge Late Fees for Late Invoice Payments?
    You may also look to put a mechanics lien on the property the work was done. They sure will get the message.
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