I asked a gardening service to mow my parents lawn, as my father was ill. I continue to ask them for a invoice, never received anything at all. Well 4 years have passed, my parents sold the home 2 years ago, and now he finally wants payment. Do I legally have to pay them at this point?
Optional Information: Country relating to Question: United States State (if USA): Washington Already Tried: nothing
Thank you for your question. Be sure to go ahead and bookmark www.nateanswers.com for future questions.If it was an oral agreement, you would not have to pay him. The statute of limitations on oral agreements in Washington State is three (3) years. Since the statute of limitations is up, he cannot enforce the debt. You should politely tell him this if he continues to bother you and remind him that under federal law, he can be fined up to $5,000.00 if continues to try to collect an uncollectable debt. You can reference the Fair Debt Collection and Practices Act herehttp://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre18.shtmPlease remember to only rate my answer when you are 100% satisfied. IF you feel the need to rate "Poor Service" or "Bad Service", please stop and reply to me via the REPLY TO EXPERT button with the issue you have. I am not paid unless I get a rating of 3 to 5 Stars/Smiley Faces. If I have helped you with your question, please give me an appropriate rating so that I get credit for helping you. Thank you, Nate
Thank you! One question, it's been 4 years since they started the services but only about 2 years since they stopped. My question is does you response still apply since the originally date of the agreement was 4 years ago?
Well, that's different. It's three years from the time that the amount would have been due. So, essentially, you could argue that at most, they are entitled to one year's worth of work. They could still sue for that amount. If you have further questions, please feel free to continue. If not, please do remember to leave a positive rating for my assistance today.Thanks!Nate
Understood, so I would need to determine how many months are within the 3 year period and then pay them that amount. Would it be appropreiate to let them know that is all I beleive I am responsible for? I'm still a little concerned about potentially being sued for the remaining balance.
They may still sue you for the balance, but you can argue the statute of limitations has expired and it cannot be collected. The court will dismiss the suit.
Experience: Over 8 years of legal practice.