Legal Question in Business Law in Florida

Small business' right to collect on debt

As a small business, I have provided a service, (cleaning) to another small business, (school). After three weeks, the school is disputing agreed upon charges and wanting to negotiate final payment. It is my understanding that if an invoice is not disputed within 10 days of receipt, it is automically an admission of debt. Is this true; and if so, what is the statute? Is small claims court my best option?


Asked on 9/19/02, 2:09 pm

3 Answers from Attorneys
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Small business' right to collect on debt

A bad settlement is better than a fat award. Althou8gh you can go to small claims court, you are probably better off reaching a relatively decent settlement.

I am not aware of any 10 day rule.

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Answered on 9/24/02, 8:21 pm
Randall Gilbert Gilbert & Caddy P.A.

Re: Small business' right to collect on debt

I am not aware of a 10 day rule. If you are looking to go to court, small claims court may be your best option. Read case law re: "Account Stated."

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Answered on 9/19/02, 2:15 pm
Adam Bessen Law Office of Adam Bessen

Re: Small business' right to collect on debt

I am not aware of any ten day period. However, you probably should be sending the school invoices bi-weekly in order to try to establish an "account stated" situation. Also you may want to send a "demand" letter for payment to be made by a certain date. This should all be done though with consideration of your future relationship with the school, if you intend to have one, that is.

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Answered on 9/19/02, 2:59 pm


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