Non-Payment; Business Account Collections

One of the most common problems businesses face is the inability to collect unpaid receivables.  After the services or product is delivered, sometimes the vendor or customer stops responding, stops making payments or otherwise fails or refuses to pay.  There are a number of different causes of action which may apply to a business collection case, such as Account Stated, Open Account, Money Lent, Breach of Contract or Unjust Enrichment.

Account Stated is a type of cause of action which exists when two parties enter into a transaction, there is an agreement that a certain balance is due and the party who did not pay made an explicit or implicit promise to do so.  An Open Account is a separate but related cause of action which exists under Florida law where there is a contract between two parties, there was an agreed upon sales price for goods and then the goods were delivered.  In both situations, a failure to pay constitutes an actionable claim under Florida law.  "Money Lent" is another similar cause of action which exists where one party delivered money to another, the money was intended as a loan and the recipient has failed to repay the lent money.  

A failure to pay a business for services delivered or money lent can also constitute a breach of contract, business theft or could form the basis for an equitable action, such as unjust enrichment.