Can a contract clause be used against me regarding re-submitted invoices if the company is the reason they were submitted late?

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Can a contract clause be used against me regarding re-submitted invoices if the company is the reason they were submitted late?

I decided to quit working for this company (1099 employee; truck driver) and I re-submitted some unpaid invoices that they owe me; these invoices were 3 months old. When I first signed the contract, it said on it that they will not pay for invoices that are more than 1month old. However these invoices were first submitted on a daily basis, then they were to pay me after 1 week which they didn’t. Now my question is: because the contract says they are not required to pay for invoices older then 1 month old, can they use this not to pay me my money?

Asked on August 20, 2011 California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

First I need to say that without reading the full contract here it is hard to give any guidance.  So answering "can they" is not going to be easy.  But I can say that they will try regardless.  Now, going on what you have written here you claim that the invoices were submitted on a daily basis.  To whom and ho?  And do you have the proof?  If you submitted the invoices promptly and they did not pay they can not rely on the "1 month rule" as we will call it here in the contract.  These invoices were not "new" but "reminders" of a past due account.  You will need to sue them for the money.  Small claims may be the easiest way and maybe each invoice individually if the amounts are over the limit.  You will need proof of the original submission.  Establishing a prior pattern of payment is a good way to help you: showing you submitted the same way for each invoice and were paid promptly.  Written proof is best.  Good luck.


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