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Syed Usman (Director)     04 April 2011

Default Payment

Hi, I wanted to know what legal action can be taken if a client defaults on payment. Our company has been contracted by the client on a monthly fee and even after delivering the product, they haven't paid us for 3 months and subsequently we stopped delivering them the product. 

Written contract exists as well as all the invoices raised for which payment hasn't happened. 

It would greatly help if an expert can give us some guidance.



Learning

 5 Replies

AAK (Advocate)     05 April 2011

Issue them a Legal Notice demanding your dues and file a suit for recovery of money in civil court..

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     05 April 2011

Yes. Send a legal notice for dues. But remember, keep all the documents pertaining to materials received by the other party as evidence.

CA VK Dwivedi (Job)     05 April 2011

Or if you could convince them to give PDC and assure them that you would present only after their consent. On the due date present it and file case under 138 NIAct.

Its liitle time consuming but it worrks.

VKDwivedi.

T.KRISHNARAO (MANAGING PARTNER)     05 April 2011

First the transaction comes contract act .

Please check the terms and condition of the contract

You check for the clauses what will be the penalty for the default for non paymant for 3 months .

You can issue notice accordingly by framing the charges as per the terms and conditions of the contract .

If nothing is heard you can file for the recovery of the sum of loss caused to you in the matter of transaction .

regards.

T.KRISHNA RAO 

Syed Usman (Director)     11 April 2011

thank you


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