At Roth Law Group, we have a proven track record of assisting our clients in collecting on their overdue accounts receivable and other monies they are owed. The two primary mechanisms pursuant to which a plaintiff may proceed in a collection action are breach of contract and account stated.
Your contracts, statements of work or purchase orders should contain a provision for interest and attorneys’ fees in the event a collection action becomes necessary. These provisions can make the difference between writing off a debt as “not worth it,” to giving you the leverage to get paid with the debtor potentially bearing the responsibility for your attorney’s fees.
Breach of contract actions differ from account stated claims in that the latter can exist in the absence of a contract or without having to prove a breach of contract since it is based upon your invoice. When a plaintiff issues a statement of account to a defendant and the defendant retains the statement without objecting to it within a reasonable time period, the law considers defendant’s lack of objection to mean that the statement is valid.
Let the attorneys at Roth Law Group help you evaluate your collection action by calling 313-419-9599 for a free consultation.