Legal Question in Credit and Debt Law in Missouri
Client Refuses to Pay
Construction work completed. Client refuses to pay for contracted work. His attorney has copy of contract and information. Attorney and client ''cannot seem to communicate a resolution'' other than not to pay. Reason for refusal to pay unclear, not stated. Can this be prosecuted on a criminal basis?
2 Answers from Attorneys
Re: Client Refuses to Pay
No, there does not seem to be any basis for any criminal prosecution. This appears to be a civil matter. If you have properly protected your rights to a lien, you might have that security. YOu also might consider filing a lawsuit for the rest of your money. Good luck.
Re: Client Refuses to Pay
I just had a situation like this some time ago, where the debtor hired an attorney to negotiate the debt down.
If the amount is less than $3,000, then you can sue him in small claims court. If it is more than that, you can still sue him, but you'll likely need an attorney to do that. Does your contract provide for your attorney's fees if successful?
In the case I worked on there was a question about how some concrete was poured, and the contractor offered to rip it up and do it over. The client said no. So we threatened a lawsuit and wound up collecting about 70% of what we wanted. Given what the client would have paid in hourly fees, and the fact that the client did not have a written contract with the debtor, it was a good resolution. However, if you have a written contract and it provides for attorney's fees, then I would not hesitate finding an attorney and suing.
You could conceivably approach the cops about filing fraud charges or "theft by deception" charges, but this might make the debtor even more intransigent. Also, police often view these as civil matters, and frequently refuse to get involved.