How can I get a client to pay the agreed upon price that is clearly stated within a contract?

UPDATED: Dec 3, 2011

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How can I get a client to pay the agreed upon price that is clearly stated within a contract?

I have a detailed contract with a client that received his animated video on time and with no complaints and he has yet to pay me for the video. He keeps giving me an excuse about his “company” needs to pay but he is the person that signed the contract as an individual. It has been 2 months since he has not paid his bill. Can I charge interest at this point or sue for breech of contract?

Asked on December 3, 2011 under Business Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If there is a contract between two parties, and party A fulfills its obligations but party B does not, then party A can sue party B to enforce the terms of the contract. In this case, if you did the work, then he has to pay; if does not pay, you may sue him for the money owed under the contract. If he signed the contract for the company, as a company employee, the company was named as the party to the contract, etc., you can sue the company, not just the individual who signed--though you may as well name him personally as well, to cover all your bases.

You cannot charge interest unless the contract provided for interest charges in the event of late payment.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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