Legal Question in Consumer Law in Massachusetts

Statute of limitation for vendor undercharging on invoice

I have an invoice from 12/1/06 which I paid in full on 12/3/06. On 6/1/07 (which is six months later) the vendor told me I owed more money. Do I have to pay? Since I've been somewhat dissatisfied with their service, I do not want to pay more. This invoice was for horse boarding, and now they won't let me take my horse home until I pay more.


Asked on 6/08/07, 3:37 pm

1 Answer from Attorneys

Craig J. Tiedemann Kajko, Weisman & Colasanti, LLP

Re: Statute of limitation for vendor undercharging on invoice

If you owe the money, the answer is probably 'yes.' The limitations period on contract claims is 6 years.

If you legitimately and in good faith dispute their services - and it is merely an incredible coincidence that the amount in dsipute is the exact amount they claim remains due - you can demand the return of your horse, by informing them of the specific basis for your claim the balance is disputed, such that the amount was not earned because of inferior/insufficient services.

If you do so, however, you better be prepared to prove, convincingly, that they did not earn payment of the remaining balance due. If you are sued, you will need to overcome their claim that they boarded your horse properly and fully performed their obligations. Given your after-the-fact "dispute" over the balance due - raised for the first time now, only after receiving demand for payment - the reasonable inference will likely be that you're just claiming a dispute to avoid paying the balance.

You would have to somehow overcome this inference, and the appearance that you're claiming a dispute in bad faith.

If you claim a dispute and try to prove it is legitimate, despite the unusual coincidence as to the amount and timing, and you FAIL (likely), you could get hammered for it, especially if this was in a business context.

You're probably best served just paying the money, especially if you know that it is due. Your horse is alive and well, isn't he?

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Answered on 6/08/07, 3:54 pm


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