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Chris T., JD
Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 4823
Experience:  Experienced in both state and federal court.
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I own a service company and sewer cleaning. On 5/29/2015

Customer Question

I own a service company for drain and sewer cleaning. On 5/29/2015 we were at a customers business trying to unclog a sewer. We were keeping the customer informed of all the work performed, and what we were pulling from the their sewer line After we were finished working the line, it was 6 hours later, all approved by the customer. We go by an hourly charge and the customer refused to pay us the total amount. She only paid $200.00. The bill totaled $793.00 and that was cut down to try to accommodate her. I told by tech to collect the $200.00, but I have not put it in the bank. Should I send it back and take her to small claims court. Can I put the $200.00 in and still take her to court? What is the law for this?
Submitted: 2 years ago.
Category: Legal
Expert:  Chris T., JD replied 2 years ago.
Hello. I'll be happy to assist you.
You can accept the $200 and still collect on the rest in small claims court. You just need to make it clear to her that your acceptance of the $200 partial payment is not altering the contract or the amount she owes pursuant to the bill.
My suggestion would be to send a demand letter for the full amount, and in the letter state that you are going to deposit the $200, and that doing so will reduce her balance to $593. Give her a few days or a couple of weeks to respond. If she doesn't, you will have to sue her in small claims court.
I hope that answers your question. If not, feel free to ask follow up questions. If so, please remember to "Rate" my answer before you go. Good luck.