What if I sue you?|| ¿Y si te demando? [W115 E3]

I graduated as a CPA in 2008 and shortly thereafter began signing professional services agreements with the 16 firms that had a relationship with the accounting office where I had worked for a few years. So the firms were obligated to me and I was obligated to them. We had duties and rights to each other. Chief among them: my professional fees.

Well, one of those businesses was run by a lady. She was the owner of half of the shares, vice-president and the only employee of that establishment. So she attended to suppliers, dispatched merchandise, collected payment and, yes, paid for expenses and contracted services, including me. I understood that some customers were late with my payment at times, so it was not up to me to do the work for them and deliver it to them so they could have it on the premises. It was better for me, and in fact it often happened that I would deliver the work for the month and have to wait for payment later.

When I turned in the stressful accounting closing of this commercial establishment, the lady told me that she did not have the money to pay me, and I told her that I would come by in a week. I came back, and found the store closed. After a few days, I found her and she told me that she had decided to close because she thought it was not profitable. Therefore, she did not assure that she would pay what she owed me, which was the equivalent of six months of professional services. After several months had passed and her payment had not arrived, it was normal to think about suing. There was a contract that she was in breach of. What would you have done? But wait. I have another experience for you.

Similar situation: a man with the same functions within his company. This time, principal and sole shareholder. He was the one who had been with us the longest in the accounting office, so we knew each other. He told me that the business was facing a rough patch with suppliers and shortages of merchandise, and asked me to continue to be patient with the payment of my fees. So, month after month I would give him the work and he would not pay me. When he did give me a check, it was for several months' payment, and sometimes he had no funds. Eventually he went out of business too. His debt to me amounted to the equivalent of 21 months of accounting services.

On both occasions the legal entity could be taken to court for breach of contract and demand payment of the debt and perhaps some compensation. I had that document that I could easily use. Did I ever sue?

No. With the first case, my older brother, who had more experience in the area, told me that it had helped him to be aware that these things happen and he could be willing to lose some money. It's what we in accounting call "allowance for doubtful accounts," only that would be in no ledger but in our heads. Besides, the amount we would demand would probably only be enough to pay a lawyer. So we would invest more time and energy without remuneration.

The second case occurred a few years later. I was more experienced and had handled some bad pay situations. I took into account that this was a person we had known for years and, well, I liked to think that it wasn't so much his fault, but it was circumstances that got the better of him and somebody had to go without pay. And that number came up for me. It was a juicy amount, it would even be juicy now if I paid it at today's price. We preferred to keep the good and friendly relationship. I often walk past his house and place (which are next door to each other) and we greet each other politely, and even talk about other things.

That's right, on both occasions I decided not to sue. But I retain the satisfaction that I was able to keep my part of the agreement. That didn't make me pay for the basket at the supermarket, but at least it gives me a good pillow to sleep on. As a CPA I have experienced some unfavorable situations thanks to people who want to take advantage, but I don't want to make you sad. The weekend is starting and we will be letting go of our tools and work items soon! I hope you have a nice weekend and get paid well so you can eat something tasty before Monday. see you next time!

Probablemente concuerdes que existe un marco legal para casi todo aspecto de nuestra vida, social, comercial, laboral, entre otros. Y por lo general, esas leyes incluyen un ente que se encarga de sancionar lo ilícitos, existiendo la posibilidad de que alguien demande a otro por algún ilícito o infracción. Las relaciones laborales y de servicios contratados son unos en los que he tenido experiencia, en los que también se han brindado oportunidades para demandar. ¿Logré hacerlo? Deja que antes ponga todo en contexto.