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Abandonment

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seligkeit20

Junior Member
What is the name of your state (only U.S. law)? California

I manage a non medical home care agency. After several months of providing service to a client with NO payment from him we stopped service with notification by phone. We had been in contact with him several times prior to this stoppage informing him that we would be stopping service in the near future if some sort of payment was not made. In all total he owes us over $4600. After we stopped service, he acknowledged many times by email that he owed us the money. He made excuse after excuse about why he was not paying, telling us he had sent a check when he had not etc etc. Eventually we filed suit in small claims court in CA. He has since countersued claiming that we "abandoned" him without notification in writing. It seems absurd to me that we would be held responsible for this claim given the fact that we had been notifying him for months via phone that if no payment was received we would be stopping service. So here we stand.....I would like to know if anyone knows of anywhere in the code where the mention is made that stopping service of non medical home care services is required in writing. We are a small business struggling to make it through these difficult times. We cannot afford to write off this debt. Do we have any additional recourse? I thank you in advance for any help you may be able to provide.
 



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