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socrateaser
socrateaser, Attorney
Category: Business Law
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Experience:  Retired (mostly)
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I am a wholesale printer in Houston Texas. I recently did

Customer Question

I am a wholesale printer in Houston Texas. I recently did a job for a client which was for a school district. Their check bounced twice. I wrote up a new invoice for $250 for the cost of nsf charges I incurred and for the bank charge backs. They have made 3 payments : $800 which I applied to the original invoice. $900: $250 to second invoice $650 original invoice. $200.14 which I applied to the original invoice leaving a balance of $240.00. My question: The client is saying I can't do this, can I? I sent them notice that there is a balance due on the original invoice and that if not taken care of by Dec 3, (per letter sent) I would notify the school distict, if not for payment to put them on notice that a "Preferred Vendor" was not paying their bill, which they are doing on balance. They said I could not do this it would be malice and against the law. They want to conference call bank to negotiate, have told them that invoice is paid but they can do that on their own.
Submitted: 5 years ago.
Category: Business Law
Expert:  socrateaser replied 5 years ago.

The buyer is suggesting that for you to claim that they are not paying their bill is defamatory, i.e. a false statement of fact, concerning the buyer, made to a third party causing damages. This could be true, because apparently the buyer "is" paying, although perhaps not timely.

 

You may want to consider not expressing anything negative about the buyer to the school district. Your issue is between you and the buyer -- the school district is not involved.

 

socrateaser, Attorney
Category: Business Law
Satisfied Customers: 33810
Experience: Retired (mostly)
socrateaser and 2 other Business Law Specialists are ready to help you
Customer: replied 5 years ago.

So all I can do is small claims?

Expert:  socrateaser replied 5 years ago.

Yep. If the checking account were empty and you were paid nothing, you could call the police, because that would make a case for theft by deception (intentionally bad check). But, in this case, the buyer is paying something, so it's not obviously a crime.

 

 

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