One of the most common problems businesses face is the inability to collect unpaid receivables. After the services or product is delivered, sometimes the vendor or customer stops responding, stops making payments or otherwise fails or refuses to pay.
In these situations it may be in your best interest to seek the guidance and representation of an experienced attorney or team who can actively pursue resolution. As an business litigation firm, the team at Brick Business Law, P.A. has extensive experience in successfully resolving these issues.
Brick Business Law represented a distributor who provided funding to a producer under a promissory note that combined repayment obligations with equity, performance, and distribution rights. The defendants took the funds but failed to repay, breached the contract, and improperly dissolved the business.
Legal Strategy
The firm pursued claims against the defendants and sought final summary judgment against the primary individual defendant.
Outcome
The Court granted final summary judgment, resulting in a successful resolution for the client.
There are myriad different causes of action which may apply to a business collection case. We can assist with a number of issues including:
Account stated. This is a type of cause of action which exists when two parties enter into a transaction, there is an agreement that a certain balance is due and the party who did not pay made an explicit or implicit promise to do so.
Open account. A separate but related cause of action which exists under Florida law where there is a contract between two parties, there was an agreed upon sales price for goods and then the goods were delivered. In both situations, a failure to pay constitutes an actionable claim under Florida law.
Money lent. A similar cause of action which exists where one party delivered money to another, the money was intended as a loan and the recipient has failed to repay the lent money.
Failure to pay.When a business does not receive compensation for services delivered or money lent. A failure to pay can also constitute a breach of contract, could form the basis for an equitable action, such as unjust enrichment, or be a matter of theft.
If you are unsure of what type of claim you may have or be facing, we can help.
We offer a free initial consultation so that you can fully understand your rights and options in non-payment and business account collections. Call the firm at 813-669-0122 or send an inquiry email and we will respond. Serving clients throughout the entire Tampa Bay area.
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