Q: Am I responsible to pay for legal services received two years ago, but only billed to me now?
I received a surprise billing statement informing me I owed $1,434 from two years ago. The pandemic and being short staffed was blamed for their neglect in not billing me in the appropriate amount of time. There r no late fees. I have until next month to pay before that is threatened. Do I have to pay? Or do I have another recourse given the duration of time?
A: Agreements are subject to a statute of limitations, which sets a time limit for the collection of debts. Breach of a written contract: Four years from the date the contract was broken. Breach of an oral contract: Two years from the date the contract was broken. Personally, if I owe something I've agreed to pay, I pay it. You will need to decide for you, possibly after speaking with local counsel. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]
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A:
Under California law, you are generally responsible for paying for legal services that you have received, even if the billing was delayed. The statute of limitations for written contracts in California is four years, which means the law firm has this period from the date of service to bring a legal action to collect the debt. Since the invoice is from two years ago, it falls within this time frame, making it legally enforceable.
The reason provided by the firm for the delayed billing, such as the pandemic and being short-staffed, does not exempt you from your obligation to pay for services rendered. However, it provides context that might be used in any discussion or negotiation regarding the bill.
Given the situation, you might consider discussing the bill with the law firm to understand the breakdown of charges and confirm the services were rendered as stated. It’s also reasonable to inquire if a payment plan can be arranged if paying the full amount by the next month is financially difficult. If you believe the charges are incorrect or if you have other concerns about the billing, consulting with another legal professional might help clarify your rights and potential recourse.
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