Legal Question in Business Law in New York

Delinquent paying customers

Customer "a" is several years dilinquent on a $300 bill for services rendered in 1998. When finally confronted this week regarding possible court action. His response was to send us 3 bills for days he claims he had to close his shop to deliver and pick up product. Does he have a right to charge for missed jobs and delivery charges for services he requested?? He his claiming that he missed a $5000 job because he was closed on a day that he was at our shop. The copies of bills dated 12/26/98 and 7/99 are $400 each and the 3rd bill is for interest on these bills that until Monday 9/11/00 we have never seen. Several small payments were received from customer "a" ($20,$30 and the last payment was $50 on 12/26/98.) The copies of receipts recently sent to us total $1100+ aong with a typed letter from him stating that if we pursue the small claims court action that he will be forced to obtain the above said amount for lost business.


Asked on 9/12/00, 7:05 pm

1 Answer from Attorneys
David Wright Law Offices of David Wright

Re: Delinquent paying customers

I hate to say "it depends," but it's really quite impossible to figure out what happened, from your description. A few guidelines might be helpful:

1. The statute of limitations in NY for breach of contract is six years from date of breach. There is no rule that says one must send a bill promptly, unless your agreement required such a billing.

2. Don't know what it is you agreed to do, or what the other guy agreed to do, or what either of you do for your own business, or what the agreement was. However, if he's claiming damages which are not for breach -- if he had to pick up stuff from you, which was always agreed had to be picked up by him -- then that's not a breach. Unless you had originally agreed to make delivery. If in fact you had agreed to make delivery, and you breached, he might well be entitled to claim damages against you -- but only "reasonable" amount. Like, what would it have cost to hire a messenger to pick up from you whatever it is he says he had to pick up.

Read more
Answered on 10/16/00, 8:30 am


Related Questions & Answers

More Business Law questions and answers in New York