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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 117401
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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Is there a statute of limitation vendor trying to collect

Customer Question

Is there a statute of limitation for a vendor trying to collect debt from 4 invoices from purchases made online 2011/2012? The vendor is incorporated in Ohio and our business is an LLC in Colorado. The wrinkle is that the products shipped direct from vendor to our customers in other states via COD (Vendors mistake). Vendor should have charged our credit card prior to shipping as we were not a NET 30 customer. Vendor just contacted us 2 months ago claiming they have been contacting us for years. This was news to us. Vendor also has piled on services charges every month since invoices were due. Vendor claims the burden of proof lies on us to show that payment were made. How can we do this on a COD payment from so long ago?
Submitted: 1 year ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Under Colorado law, unless you have a written contract stating OH law would apply, there is a 6 year statute of limitations in CO to collect any debt. See: C.R.S. 13-80-103.5(1)(a)).
Unfortunately, legally, if they are still within the statute of limitations, they can sue for that debt. As far as fees and charges, you have to read any written contract you have with them to determine what they are allowed to charge.
If you claim you do not owe the money because you paid, it is your burden to prove that you paid. You would have to show a check or some type of receipt or bank statement, since many people claim they paid a debt when payment is demanded and the court requires more than you simply saying you paid, you have to present some type of proof you paid.
Customer: replied 1 year ago.
OK, thanks. I guess my question is how can we prove that money was handed to the UPS driver upon delivery? The orders were delivered to my customers via COD. So if UPS delivered the package without collecting the COD we are still responsible fr the debt even though it was the drivers error?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
You need to get the records from UPS. UPS would not release the package marked COD to the customer without collecting. So you need to contact UPS to get the proof.
Customer: replied 1 year ago.
We tried contacting UPS but they need the tracking numbers to give us the information. The vendor refuses to give us the tracking info. How can we prove that COD was collected in this case? Its seems like Vendor does not want to disclose this information. Please advise.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
If they will not disclose them to you now, they will have to disclose them if they sue or you would then be able to subpoena UPS for the information, since they can track it by customer name or delivery location, but they will not do so without a subpoena.
So, you may have to wait for the company to sue you in order to then get a subpoena for the information if they will not disclose it to you.