Legal Question in Business Law in Florida

Outstanding Accounts Payable

The business I work for has a client in Florida that refuses to pay for services provided (internet website development and hosting) dating back to 2005. They state that they were not invoiced in a timely manner and it is unreasonable for us to expect payment. Invoices were sent out in a late fashion but by mail and we do not have any proof that they were received. They do not dispute paying for more recent charges but want us to forego all of the charges dating back before Jan. 2006 (a sum of more than 34K).

Is there a statute of limitation to timely invoicing? Can they refuse to pay based on not receiving invoices for services that they clearly knew were being provided? What avenues do we have as a company located in Canada?


Asked on 7/12/07, 4:38 pm

4 Answers from Attorneys

Johm Smith tom's

Re: Outstanding Accounts Payable

I would need to read over your contract with them, but you would either sue them in Canada or in FL to collect the unpaid debt. They knew they were using your services. So the first thing I would do is send a demand letter and then file suit if they didn't pay. I could also probably negotiate a settlement, if you wanted to avoid litigation.

Read more
Answered on 7/12/07, 4:55 pm
David Slater David P. Slater, Esq.

Re: Outstanding Accounts Payable

The statute of Limitation in Florida has not run and you can pursue a claim against in the county of their office.

Read more
Answered on 7/12/07, 5:29 pm
Michael Stewart Michael D. Stewart

Re: Outstanding Accounts Payable

You can sue them in Florida

Read more
Answered on 7/12/07, 6:01 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: Outstanding Accounts Payable

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.

Depending on how far back before January, 2006, the invoices are, you should be able to successfully sue the party for accounts stated and monies owed. It is clear that the party reaped the benefit of your services and they acknowledged the debt by making later payments.

A Florida corporation can be sued anywhere in Florida although they may request that the suit be in a convenient jurisdiction to their home county. Your agreement with them might also allow you to sue them in Canada and then domesticate the judgment in Florida after it has been obtained. Further, you might have a right for attorney's fees and court costs pursuant to Florida law. You should consult a Florida attorney to review your legal rights and obligations.

Scott R. Jay, Esq.

Read more
Answered on 7/12/07, 6:26 pm


Related Questions & Answers

More Business Law questions and answers in Florida