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  1. #1

    Default When Bills Sent to Wrong Address

    My question involves collection proceedings in the State ofNew York

    about 8 or 9 years ago, I went through a divorce, which had me unable to pay bills. I owned a corporation. My accountant did the business accounting and my personal. He would bill the business for business work, and me personally for my own. Matters pertaining to the divorce were probably billed to me. I paid as much as a could towards work for my divorce. I am guessing 10K of 20k bill.

    I stopped using him when I no longer could keep up paying. Many months later, the corporation folded with no assets.

    I started using him again last year with the understanding I would pay for current work as he did it. He knew that at some point I would inherit money, and I had said at the time I stopped using him that I could hopefully have money in the future to pay the old bill.

    Now that I inherited money, he says I owe him about 75,000. I had remembered about 10k for personal work. I told him it was wrong for him to spring this on me, and that I thought he was adding corporation debt. Apparently he was also charging interest. He said he had been sending bills every month and that none had been returned. when he looked up where he was sending them, the address was very wrong.

    Am I obligated to pay personal and business debt with interest when I never received bills in at least 6 years? He is trying to say he billed my business with in invoice saying my name and DBA the corporation. That is absolutely not true.

    I am afraid he is going to just correct the address in his computer so that he can lie in court, if he sues me.

    How do I prove he sent them to the wrong address, since I have no letters with the wrong address?

    I am fine with paying the 10k original bill, but I had thought he had just put it aside, not adding interest. He "was" a close friend.



  2. #2
    Join Date
    Mar 2013

    Default Re: When Bills Sent to Wrong Address

    You don't have to prove anything.

    He does.

    He has to prove how much you owe.

    He has to prove that there was a written contract that entitled him to charge interest on unpaid bills.

    The statute of limitations for breach of contract in NY is 6 years (oral or written) so any debt that accrued more than 6 years ago (plus the interest on that debt) is uncollectible.

    Doesn't matter if he billed you or not.

    You might insist that he send you an itemized account of everything he says you owe and how and when it came about.

    Once you get it you are free to tell him to pound sand (and I suggest you do that) and not pay him squat.

    If he sues you, you defend based on the statute of limitations.

    Or, you file bankruptcy. If you qualify for Chapter 7, he gets nothing anyway.

  3. #3

    Default Re: When Bills Sent to Wrong Address

    I want to make sure I understand. If he last did work for me over 6 years ago, I am not obligated to pay him?

    And to double check one other thing. If he last did work 8 yrs ago, but I then re-hired him on a pay as you go basis, that still has the old debt no collectible?

    BTW, if I am not obligated, but I do decide to pay him 10k if I think that is reasonable from the past, does it re-open the old debt?


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