Legal Question in Business Law in Georgia
Interest / Late Charges added to invoices
I have a contractor agreement with a web development company that states I will be paid 7 days following the receipt of an invoice.
The company now has financial issues and tells me that they can't pay me the $3500 in outstanding invoices from Aug-Oct.
Can I start charging interest or assign late charges? There is no reference to late charges or interest in the contract.
I'm not sure what the best way is to motivate them to pay the outstanding charges asap. Thanks!
2 Answers from Attorneys
Re: Interest / Late Charges added to invoices
Since the contract did not address interest or late fees, you may not be able to get them. Lesson learned? Assuming the company is located in GA, you might go to gwinnettcourts.com, click the Magistrate Court tab and download, under Forms, the Notice of Claim form. You can adapt it to whatever county the company is in. Then fill it out and send it to them with a letter saying "Enclosed is a copy of a lawsuit I will file if this matter is not resolved within (say) ten days."
Re: Interest / Late Charges added to invoices
All may not be lost. There is a statute in Georgia that may allow you to charge interest at a rate of up to 1.5% if the past due account meets certain definitional requirements.
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