Legal Question in Construction Law in California

business

how long after the fact can you bill a client for services performed


Asked on 12/09/08, 4:30 pm

3 Answers from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: business

You can bill the client whenever you want. If you want to actually be able to collect for the work, there are several factors, such as whether you have a written contract, or an oral agreement which determine the statute of limitations for collection of debts. If you provide more detail one of the attorneys on the list may be able to give you a statute of limitations length, otherwise, go ahead and bill it and attempt to collect the debt, but be aware that you must file a lawsuit to stop the statute of limitations from expiring, and extinguishing your ability to collect the debt.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 12/09/08, 4:58 pm
Cathy Cowin Law Offices of Cathy Cowin

Re: business

There is a 2-year statute on oral contracts and a 4-year statute on written contracts in California and so keep those dates in mind in terms of when you would have to file a suit to avoid losing legal rights. Absent enforcement issues, however, the real question is how long after the fact will the client agree to pay? There's no limitation on moral obligations (or stupidity even) and so it's always worth asking for the money!

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Answered on 12/09/08, 5:17 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: business

I agree with the foregoing answers and would only add two tidbits:

The statutes of limitations begin to run from the date the right to sue arises, usually the date the payment becomes delinquent.

The likelihood of collecting any sum due diminishes the longer you neglect going after it, either by billing or (if necessary) bringing suit.

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Answered on 12/09/08, 5:57 pm


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