Legal Question in Credit and Debt Law in Georgia

Non paying customer

A recent customer of ours (we own a wholesale store) bought $XX,XXX of merchandise and only paid 12% with the rest being agreed to be paid in increments over 2 months. He had prior referalls and thus we gave him credit, however he has been 15 days late and it seems that other people working with him are having problems collecting also. This has been the first time he has done business with us and now he keeps giving us circular answers on why he is late and is giving us the run around. We believe it was his intent to take the merchandise and not pay and we are unsure of how to pursue this legally and criminally. Guidance on the direction to follow would be appreciated.


Asked on 6/29/07, 6:34 pm

2 Answers from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Non paying customer

You can file a lawsuit in state/superior court, or in Magistrate Court, depending on the amount at issue. That is really it. Not paying one's bills is not a criminal offense, and merely "believing" he had the intent of taking the good without paying is insufficient to turn it into a crimal matter. Nonpayment is obviously the main risk of extending credit, especially to a first time customer.

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Answered on 6/29/07, 6:43 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: Non paying customer

You have a civil matter (and likely not a criminal matter). You should hire a collections attorney immediately. While that is not a guarantee of recovery, delay will almost always guarantee non-recovery.

You may want to review your credit policies on accepting large credit orders from new customers.

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Answered on 6/29/07, 7:25 pm


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