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Richard, Attorney
Category: Business Law
Satisfied Customers: 55459
Experience:  32 years of experience practicing law and a businessman.
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We have a customer who has neglected to pay money owed to us

Customer Question

We have a customer who has neglected to pay money owed to us for services and hardware. We have hired a collection agency to obtain the money however the client is reportedly refusing to pay. For hardware that they haven't paid for is there something we
can do to get that back? It just doesn't seem right that they can get away with not paying for hardware.
Submitted: 1 year ago.
Category: Business Law
Expert:  Richard replied 1 year ago.

Good morning. My name is ***** ***** I look forward to helping you.

Can you provide me just a bit more information? How much are you owed? Thanks.

Customer: replied 1 year ago.
Hi Richard,The client has a balance of 1,850.64 of that 600 is for hardware. We're a small business so every little bit helps. The client had decided to use a different company and didn't clear their account with us before doing so. Thank you for your response.Thanks,
Expert:  Richard replied 1 year ago.

Thanks for your reply Dan. Although you wouldn't be able to get back the hardware without a suit, you should file suit against this customer. You can do this in small claims court without a lawyer and filing this suit will give you the collection options and leverage you need to collect the debt owed you. That's because once the suit is filed and a judgment awarded, you become a judgment creditor, and if he doesn’t then pay the judgment, you can have the sheriff serve a summons on him for a debtor examination. That forces him to meet you in court again and answer questions under oath about his assets. After that information is obtained, you have the power to garnish wages, attach bank accounts, have the sheriff seize other personal property (including the hardware), and/or place liens on any non-homestead property he owns to satisfy the judgment. In my experience, simply filing the suit is typically all you need to do to resolve this outside of court because most of the time, once served with a summons he is being sued, your customer will pay you rather than risk a judgment on the record in a case he can't win.

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