Why is this clause important in your demand letters? Oftentimes, before lawyers get involved, the business may presume that if it sends a letter, the matter will resolve itself. It’s imperative that the business owner specifically states at the end of the notice that this is an attempt to reach an amicable resolution of the dispute and all rights and remedies are reserved. In closing, the business needs to state that due to these circumstances, the business is therefore demanding a certain amount to be paid within a certain number of days, and if the party does not pay, then the business will seek all further legal remedies.
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You should also specify that the party has claimed fraud with their credit card company and this is a false and untrue statement because the party had full knowledge and gave the business express authorization to charge their card for this purpose. If you’re going to send a letter to make a demand for amounts owed, you should be very clear in your language stating that you have a contract with the party and they owe you the full amount of the contract for services or products provided. If the client doesn’t pay after sending this letter, then the business owner can complete the small claims complaint process.īusiness owners can send their own written demand on their letterhead and can include the fact that there is a record of the client contesting the charge and claiming fraud, despite the fact that both parties agreed to the services, and the client authorized the business to charge the credit card or account. This means that you need to send a letter to the client stating that, under the terms of your contract, they owe you the amounts due which needs to be paid within, say 10 days, or your business will seek further legal remedies. To make a small claims case, you’ll need to make a written demand for the payment.
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For example, if the client owes you $1,000, a small claims court could order you to receive that amount plus court costs such as the cost to file the complaint and service costs.
They usually make a decision quickly and if you win your case, you’re entitled to getting amounts owed to you plus damages. Then, the small claims cases are typically heard by a commissioner. Generally speaking, small claims court is a very streamlined process where you can simply go to your county’s website to complete the small claims forms.įor a nominal fee, the small claims court will serve the party for you and set a court date.
In cases dealing with smaller amounts, the business can take the dispute to small claims court.
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Your contract is your best defense and why it’s so important to have written agreements with all of your clients that includes very clear language on how to handle disputes. Regardless of what the credit card company does with the charge, whether they credit the customer’s card back or not, that doesn’t mean the client is not responsible to pay you for the amounts that are payable under your contract.
Here’s what you should know and how best to handle a situation like this.Ĭredit card companies don’t control your contract It’s frustrating to think that a customer would go to this extent to not pay you, but it does happen in business. As business owners, sometimes there are clients out there who may try to get out of paying you by contesting a charge for your products or services on their credit card, claiming it as “fraud” to their card issuer or bank.
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