Legal Question in Business Law in Florida

Collecting Payment for services already completed

We have a customer that hired our company to prewire low voltage in a new office. Agreed upon payment terms were 50% down to start, 25% upon installation of wire and the final 25% to be completed at end of trim out. The work has been completed and she will not send payment or respond to our follow up calls. Can we charge the final on the AMEX card she used for the first two payments since they are the same overall transaction?


Asked on 7/10/07, 9:11 am

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Collecting Payment for services already completed

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.

If you charge the final payment on AMEX without authorization, your customer can dispute the charge and have it removed from their account. It would be charged back to you.

Depending on the time frame, you should file a Claim of Lien against the property and then proceed to perfect your claim under Florida's mechanic lien laws. You should consult an attorney as any error can invalidate your claim or right to proceed.

Scott R. Jay, Esq.

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Answered on 7/11/07, 12:21 am
Trey Miller Law Office of Trey E. Miller III, P.A.

Re: Collecting Payment for services already completed

There is probably not a problem charging the credit card for services rendered if the services were actually rendered in accordance with the contract (some of the terms of the contract you listed in your question (e.g. price and payment schedule). I'm assuming your agreement requires payment to you from the credit card be conditioned on permission from the customer prior to charging it. There may be an issue if the reason the customer has not paid is that the work either was not completed or the work was done incorrectly. You could, instead of charging the credit card, bring suit on the contract for breach and/or account stated, obtain a judgment against the customer and then attempt to collect on the judgment.

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Answered on 7/10/07, 10:05 am


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