Legal Question in Credit and Debt Law in Arkansas

how do we collect?

My friend is a surveyor and can't seem to collect for a survey. He was put off a number of times and finally sent a certified letter stating that he would file a lein on the property. They just sent him back a cease and desist letter and stated they would pay less than half of what was owed, after he finished the job. The job has been finished for 6 weeks or more. What does this cease and desist order mean and can he still file the lein? Can you have work done and not have to pay by sending one of these letters?


Asked on 10/30/03, 10:56 pm

1 Answer from Attorneys
Harvey Harris Harris Law Firm

Re: how do we collect?

The cease and desist letter does not wipe out the debt. If your friend is owed any money, then he is still owed that amount. Was the property put up as security for the debt? Was that in the original agreement? If not, he may not be able to put a lien on the property. If it is a small amount, he could take them to small claims court. If it is a larger amount, he may want to contact an attorney to figure out his best course of collection. There are limits to what a person can do to collect the debt themself, so he needs to make sure he doesn't cross the line in that area.

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Answered on 10/31/03, 2:34 pm


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