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J. Warren
J. Warren, Attorney
Category: Business Law
Satisfied Customers: 2234
Experience:  Experience in general business transaction and formation matters.
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A client is 10 months late with an invoice they need to pay

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A client is 10 months late with an invoice they need to pay me. I am filing for small claims in Los Angeles County. What is the maximum interest rate I can ask?
Hello and Welcome! Please note: (1) this is general information only, not legal advice; and (2) provide you with honest information and not necessarily to tell you might be hoping to hear.

Interest on a judgment is 10% from the date the judgment is entered by the small claims court.

You may charge interest on the invoice amount for the 10 months based on the rate that is stated in the invoice. In general one can not collect/charge interest on late payment unless the invoice contains such a statement as to the terms and conditions of payment for which a interest charge will be incurred. However, if you plead interest in the amount of damages and if the judge permits such interest charge it is 7% from the demand of payment. Here is a link: www.oag.ca.gov/sites/all/files/pdfs/consumers/constitution.pdf?

All my best & encouragement.

Please note that you are asked to rate my courtesy and professionalism, and not whether the answer supports your legal position. I only receive credit when rated 3 or higher. If for any reason you feel that a low rating is appropriate, please first give me the opportunity to address your concerns by clicking the "reply" tab.

Thank you for allowing me to be of service to you. Please be aware that the information provided here is not legal advice. Rather it is simply general information. All states have intricacies in their laws and any information given is simply information only and specifically is not intended to be, nor does it constitute, legal advice. This communication does not establish an attorney-client relationship with you.



Customer: replied 3 years ago.

Thanks for getting back to me. Quick question related to same case, on the california secretary of state website the corporation shows a registered agent service (legalzoom) that is at a different address than the officers. Do I need to serve the case to legalzoom as well as the officers?

Hello. One can serve the agent for process or an officer. If I am in your shoes I am serving both to cover myself.

Hope this helps. All my best & encouragement.

Please note that you are asked to rate my courtesy and professionalism, and not whether the answer supports your legal position. I only receive credit when rated 3 or higher. If for any reason you feel that a low rating is appropriate, please first give me the opportunity to address your concerns by clicking the "reply" tab.

Thank you for allowing me to be of service to you. Please be aware that the information provided here is not legal advice. Rather it is simply general information. All states have intricacies in their laws and any information given is simply information only and specifically is not intended to be, nor does it constitute, legal advice. This communication does not establish an attorney-client relationship with you.



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Customer: replied 3 years ago.

Hi, it looks like the Sheriff was unable to service the papers to the officers as the office was always closed. What are our options? They could be traveling for business. Can we serve the officers at their personal home address?

Sorry to hear you were unable to serve the officers. Yes, if the home address of the defendants is known the plaintiff may serve the parties to the suit at their personal home address.

LegalZoom as registered agent should be served as well. If you use a process server and obtain a proof of service to LegalZoom than the entity is deemed to have been served and must file an appearance.

Another alternative is to have the Court Clerk send the summons and complaint certified receipt requested to the defendant's home address. This often may not be successful as the person being summonsed may reject the letter and therefore service is not complete. However, a registered agent must accept on behalf of the entity and therefore once the receipt is returned to the Court Clerk service is deemed successfully served.

Hope this helps. All my best & encouragement.

Please note that you are asked to rate my courtesy and professionalism, and not whether the answer supports your legal position. I only receive credit when rated 3 or higher. If for any reason you feel that a low rating is appropriate, please first give me the opportunity to address your concerns by clicking the "reply" tab.

Thank you for allowing me to be of service to you. Please be aware that the information provided here is not legal advice. Rather it is simply general information. All states have intricacies in their laws and any information given is simply information only and specifically is not intended to be, nor does it constitute, legal advice. This communication does not establish an attorney-client relationship with you.
Customer: replied 3 years ago.

Well the home address is not known. I was thinking of using an online service such as http://www.peoplesmart.com/, will that be ok?

Yes that is a service that should work. Make sure you serve the registered agent as well. I am sorry you have to go through all this hassle just to get people to pay what they owe you.
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