Can I collect from new company?

[balihai]

What is the name of your state (only U.S. law)? Florida

After shipping product with invoiced net 30 payment terms to a company we have previously done business with and whom were in good standing credit wise, we were told that the company had been acquired by another corporation. The goods arrived and were received by the new company six weeks after the final contract. The new company is refusing to pay the invoice because the goods were invoiced to the acquired company which is now dissolved. The employees there acknowledge receiving and selling the goods after the final contract was made and we know the new company was in control of the terms, product, and all financial arrangements. Can I legally go after the acquiring company?What is the name of your state (only U.S. law)?

[Debt Guy]

Can I legally go after the acquiring company?

Of course.

Can you win and will it be worth the cost?

Hard to answer. It will depend on Florida law, how good their attorney is and how good your attorney is.

Talk to a creditor rights attorney in Florida.

[Zigner]

Couldn't you just re-invoice under the correct name?

[CraigFL]

This has happened to me several times -- sometimes it works out, sometimes it doesn't. Since you have no way of knowing the terms of the buyout agreement, I would send one invoice to the registered agent of the old company with a letter of explanation. Then, send a new invoice to the other company as suggested and see what happens.

If that doesn't work, sue the aquiring company...

[balihai]

Thanks for the response. I suppose re-invoicing would be correct and possibly adding a cover letter stating that I know the product was under the leadership of the new company and, the products and money went into his account. Being a small supplier, and not being faced with this before, 6k is alot of doe and could easily break the back of a small company like mine. I hope the court of public and judical opinion would lean on my side. Any other comments or suggestions would be appreciated.

[tranquility]

Invoice the acquiring company and sue them if they don't pay. You could include the prior company as well if you'd like, but it is the new company's problem. Because:

The employees there acknowledge receiving and selling the goods after the final contract was made and we know the new company was in control of the terms, product, and all financial arrangements.

The new company got the benefit of the sale. I assume you do this on a regular enough basis to be considered a merchant. Look to the UCC.

[Zigner]

Originally Posted by balihai

What is the name of your state (only U.S. law)? Florida

After shipping product with invoiced net 30 payment terms to a company we have previously done business with and whom were in good standing credit wise, we were told that the company had been acquired by another corporation. The goods arrived and were received by the new company six weeks after the final contract. The new company is refusing to pay the invoice because the goods were invoiced to the acquired company which is now dissolved. The employees there acknowledge receiving and selling the goods after the final contract was made and we know the new company was in control of the terms, product, and all financial arrangements. Can I legally go after the acquiring company?What is the name of your state (only U.S. law)?

Look, if you invoice ABC company, then XYZ company won't pay it. From the highlighted statement above, this sounds like a VERY simple problem to solve. Print a new invoice with the new company's name and mail it to them.
(Or am I missing something?)

[CraigFL]

And don't forget to send a W-9 with it or they will use that to delay payment...