Legal Question in Credit and Debt Law in California

Late Invoicing

Greetings! I am a computer consultant and I have

failed to invoice a client since March 2004. I know it

is not a good for either of us... and this will probably

end our 10+ year relationship (they still call me to do

work). We do not have any written contract. I

simply did work as requested and fixed the problems.

I have very detailed records of the exact work

performed with my voice recorder (time stamped to

the minute). Prior to March 2004, they would simply

pay invoices with the work detail (when they got

them). I finally got my invoicing system fixed and

gave them the report. They were not happy. I have

attempted to negotiate with the owner (like give

them credit for anything previous to 2005), but they

do not want to pay for anything older than 2006 (i.e

they'll pay for 2006, 2007, and 2008). Is there a

California statute of limitations on invoicing for work

performed? They said they consulted an attorney

and their attorney said ''any judge that saw this

would throw it out immediately''. Is that true? Am I

out of luck? Thanks for your help!


Asked on 4/23/08, 9:22 pm

2 Answers from Attorneys

David Justin Lynch David Justin Lynch & Associates, APLC

Re: Late Invoicing

The SOL on an oral contract is two years.

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Answered on 5/01/08, 2:25 pm
Scott Linden Scott H. Linden, Esq.

Re: Late Invoicing

3 years on an oral contract, four years on a written one. If they ever sent you an email requesting you perform any work, this is as good as a written contract...so...no...they are lying.

Please let me know if you need assistance with collecting, I also run a collection agency at CVFinancialGroup.com.

Scott

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Answered on 4/24/08, 4:54 pm


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