Limits on small claims and where next if above

It's the same place but just wont be allocated to the small claims track.

Thanks Peter I have a book - 90 pages, bought from Staples, called "Do it Yourself Small Claims". I just hope I don't need it but will know for sure in 3/4 weeks when the last date for payment has been and has passed.

Ken

Is the customer close enough for a personal visit to try and resolve any issues and get paid at the earliest chance? Tell him you would like to discuss the account and would like to meet. It might save time and the aggravation of court action. Dont forget that even if you take court action and gets a judgement against him it doesnt mean that he CAN pay you. A personal visit will help you decide if hes got any money or anything of value. Take the view that its your money and its in the wrong bank and your entitled to ask for it. Is he really disputing the bill or is he just delaying because he hasnt got the money? People tend to be less than honest when it comes to reasons for not paying. If hes not got much money you may have to settle for less than you are owed no matter how unjust it is.

For a sum this large you really do need a solicitor.

For the other side to take your action seriously you have to get the terminology right. If you write a letter telling him that you will sue as a small claim you are already off to a poor start.

tim

Perhaps I am just getting paranoid but over the last few weeks he has asked for discounts, has said he feels the charges are too high, made sarcastic remarks about the amount of money he owes, feels I have earned it too easily and said he felt the level of service was less than he was expecting. He has signed a contract where there is no doubt he owes the money, I know where he lives but he is moving over Christmas but most worrying he has ignored numerous attempts to call him on landline and mobile as well a number emails for 8/9 days.

Ken

In message , Ken writes

In my view an essential question before you commence any enforcement action is to consider who, exactly, owes you money. Is your client personally liable or were the services/goods supplied to another legal entity? Can you prove both the debt *and* the debtor to the satisfaction of a Court?

Once you have clarified who owes you the money, you should then consider what assets owned by your debtor are available to satisfy your claim. Only then can you reach a reasonable conclusion as to how far you should go, and how much you should spend, in trying to recover the money owed to you.

Don't ever forget, this is only about your business minimising its losses and has absolutely nothing to do with anything else. If your customer has been sarcastic and dismissive, that is neither here nor there and is irrelevant to the validity of any contract you may have.

It does sound as though you ought never to do business with this customer again.

IMHO, IANAL, HTH, MCAAHNY, etc.