What legal action can I take if a customer refuses to pay for services rendered in Pennsylvania?
If a customer refuses to pay for services rendered in Pennsylvania, several legal actions can be taken to recover the payment. The legal action depends on the amount of unpaid dues and the party that refused to pay.
For unpaid dues that are less than $12,000, a small claims court can be approached by the service provider. The small claims court can provide a legal order to the customer to pay the dues. However, if the customer still refuses to pay the dues, the service provider can approach the magisterial district court, where a civil lawsuit can be filed against the customer. The lawsuit can be filed in the county where the services were rendered or where the customer resides.
The service provider needs to file a complaint that details the services rendered, the amount owed, and evidence of the services rendered, such as invoices, receipts, or contracts. The customer would be given a summons to appear in court, and if the customer fails to appear, a default judgment can be entered against them. If the customer disputes the claim, a trial will be held, and the service provider will have to prove that the services were rendered, and the customer has refused to pay.
If the service provider obtains a favorable judgment from the court, they can enforce the judgment through a wage garnishment or bank levy. A wage garnishment allows the service provider to receive a portion of the customer's paycheck until the debt is paid, while a bank levy allows the service provider to seize the funds from the customer's bank account.
It is essential to note that some limitations and exceptions may apply to this legal advice, depending on the specific circumstances of the case. For instance, if the customer files for bankruptcy, the payment recovery process may be different. Moreover, certain industries, such as construction, may have additional legal requirements for payment disputes.
If the customer refuses to make payment despite legal action, it is recommended to consult with a licensed attorney to explore other legal options available to the service provider.