Legal Question in Business Law in New York

Lk for Business Term

Good Day,

I am looking for the terminology.

A company is providing a service and they send an invoice on a monthly basis. They are claiming that I owe a late fee on a payment four months later. I was not aware of the late payment due to a banking glitch at chase. I agreed the fee and paid it, no problem. My concern was this could have been avoided if the invoices they sent on a monthly basis would have stated that there was a late payment. They are claiming that they do not have to send an invoice but they are just being nice and providing this service. But if they are going to provide a service to a customer by providing an invoice, shouldn�t it be correct? The fact they send it, doesn�t become a common practice for the customer to rely on this statement to be accurate?


Asked on 10/27/08, 1:31 pm

1 Answer from Attorneys
Nancy Delain Delain Law Office, PLLC

Re: Lk for Business Term

It is ultimately up to you, the consumer, to make sure the invoice is correct and to pay it timely (bank glitches don't count in this world of moving money). The invoice, however regularly or irregularly sent, merely reflects the seller's records; if your records are different, it's up to you to dispute the invoice, again in a timely manner.

Most often, invoices are accurate. However, the human beings who generate the invoice (or program the computers to generate the invoice) are just that: human. Humans make mistakes. Read the invoice and, if you disagree with something in it, contact them. In a timely manner.

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.

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Answered on 10/27/08, 1:40 pm


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