| Ask A Lawyer We don’t make any promises, but we have a lot of bright sparks around here and if they have some spare time they just might give you essential advice. | 
03-10-2008
| | Junior Member | | Join Date: Mar 2008
Posts: 1
Rep Power: 0 | | Breach of Contract and Collection I have an agreement, written contract, with an individual to pay me a specified amount of money (appx 17K), on a specified date, based on an investment I made with them. He set up a sole proprietorship, not a corp or LLC, and I gave him a check made out to the company name. Both of us are in Texas.
The date of the scheduled payout is almost one year ago. We have an additional agreement to cover late fees (additional interest) in a specified amount (appx $35) per "business day" since the originally scheduled payout date.
The individual is offering me a partial payment and wants it to be applied to the original amount due, thereby reducing the amount of future late fees being accrued.
I have 2 questions.
1) Is it customary for any partial payment to be applied first to late fees or to original balance?
2) What steps can I begin to take to collect the entire outstanding amount, I'm assuming through a judgement? | | Domain Names Sponsor | | |
Currently Active Users Viewing This Thread: 1 (0 members and 1 guests) | | | | Thread Tools | Search this Thread | | | | | Display Modes | Linear Mode |
Posting Rules
| You may not post new threads You may not post replies You may not post attachments You may not edit your posts HTML code is Off | | | | | | |
If you are a Lawyer, Attorney, CPA, Accountant, Judge, Court Officer, Security Guard, Private Detective, Forensic Specialist, FBI Agent, Police Detective, Crime Scene Investigator, Police Officer, Sheriff, Bounty Hunter, Auditor, IRS Agent, County of State Official, or any other knowledgable legal, law, or other professional serving the public good, please register and help answer the many questions from our visitors and members. This public forum does not substitute legal consult, and is only for those looking to reach others who enjoy discussion on these topics. For entertainment purposes only! * PLEASE READ NOTICE BELOW | | | | An Important Note About CourtForum.com and CourtForums.com | | *NOTICE*: Please take notice that this is a public forum within which to discuss legal issues and concepts with other members of the public. This forum is designed for entertainment purposes only, and the communications had hereon are not necessarily factual or accurate and, if opinion, are not necessarily the opinion of the owners and operators of the forum. This forum is not designed to provide legal advice. Should a party claim to be an attorney or otherwise provide legal advice, and should you take action or incorporate such legal advice on your own behalf or the behalf of a third party, you acknowledge that you do so at your own risk. If you do not agree or accept the above disclosures please immediately exit the service.
| |