California | Credit and Debt Law
Legal Question
Collecting from a customer
Here is the situation:
We have a customer who will not pay for the shipping charges on a product we sent them with a written agreement for FOB ship point - which means that we bear no responsibility for the goods once it leaves our warehouse - because the product did not arrive next day, which was the method of shipping.
The reason for the product not arriving was because of a bad address given to us by the customer's personnel - the carrier was unable to deliver the shipment to that address and sent requests for a suite number or alternate address on several attempts to deliver it. Though we were not required to, we took it upon ourselves to obtain a deliverable address as we knew that this shipment was urgent and unfortunately they kept giving us the same address, only to give an alternate address 2 weeks after the initial correspondence.
Now my question is, would it be better - meaning the faster method to get the money owed to us - to forward this to a collections attorney or take it to a small claims court? Thanks in advance.
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