Legal Question in Business Law in Florida
Bad debts
I have a few customers that do not want to pay their bill, they are very prominent in the town i live in (one is the mayor), can i put some kind of notice in our town newspaper like: last chance to collect on a bad debt) before legal action is taken?
Is their any ramifications if i do this? I know the shame alone will have them paying these bills. I see places in my town that have signs on there doors that say this too.
4 Answers from Attorneys
Re: Bad debts
An EXCEEDINGLY BAD idea. If you were follow through with this very bad idea, expect to be sued, and expect to lose.
Re: Bad debts
(This is not legal advice)
I would strongly advise against placing an advertisement or notice in a local newspaper identifying debotrs to your business as you certainly do not want to expose yourself to liability for defamation.
That being said, if you are in a business which statutorily allows for such action (i.e., owner of self-storage facility, etc.) then you may proceed. However, I would certainly proceed with caution unless you are certain that you are in a business where such actions are protected by statute.
Re: Bad debts
Do you really want to show your other customers that you would do this, even if it were legal. Take legal action if you have to, and have give fair warning to the customers. That is how business is done.
Re: Bad debts
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
No, not without serious risk of being sued. There is a case in which a business owner posted the picture of someone who had created a problem at their place of business (similar to a wanted poster) and got sued. The business owner lost and had to pay substantial monies to the other party.
Your best bet is to simply send a notice to the party and then file suit in a court of law. If the judgment is subsequently reported by the local newspaper, then the debtors will have to deal with it.
Scott R. Jay, Esq.
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