Fort Myers, FL asked in Collections and Construction Law for Florida

Q: In Florida, we paid contractor in cash 11/22/17. They called July/2018 saying they were not paid. Can they do this?

We paid for a generator installation, and have receipt for initial deposit initialed by electrician on job in cash. 8 months later, accountant for electrician called to say that they had a bunch of accounts showing open balances, including ours. We paid in cash at time work was completed, and have not heard from them since. No invoices, or any other contact. Can they do this? Do we have any recourse? The employees at the time are no longer with them. I know they are past time to lien us for the work, but a recent maintenance on the generator by another electrical contractor, determined that they did not install several hundred dollars worth of load shed modules that were part of the job. My question is, without a contract for the work, and since it has been 9 months since work completion, do they have a claim? I did pay them, so do not have an issue fighting with them over it at this point.

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2 Lawyer Answers
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: You indicate that "we paid contractor in cash 11/22/17", and that you "have receipt for initial deposit". It is not clear that you have a receipt for whatever balance was due after the initial deposit (which I assume you paid "in cash [on]11/22/17"). If so, show these receipts to the accountant. If not, I suspect you are out of luck; one should never pay in cash without a receipt.

Barry W. Kaufman
Barry W. Kaufman
Answered
  • Collections Lawyer
  • Jacksonville, FL
  • Licensed in Florida

A: Can they do what? It could be a simple bookkeeping error on their part, and need your assistance in finding the error. However, as the previous lawyer said, you should have a receipt that you paid in cash. If you don't have a receipt, how would you prove you paid them? Just because you say you paid them is not proof that you did. You need a receipt. If you don't have a receipt (or some other documented evidence that indicates that you paid), you may very well be out of luck.

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